2. The present appeal has been filed against the impugned judgment and order dated 03.11.2016 passed by the High Court of Punjab & Haryana at Chandigarh in CR No. 7190 of 2016 whereby learned single Judge of the High Court dismissed the revision filed by the Appellant-husband against the order dated 18.10.2016 passed by the District Judge, Family Court, Gurgaon in Civil Suit No. 15 of 2016 whereby ad-interim injunction granted against the Respondent-wife, vide order dated 26.09.2016 has been vacated.
3. Having regard to the nature and circumstances of the case, we do not intend to discuss all the facts in detail at this stage. Hence, the facts are stated in a summarized way only to appreciate the issue involved in this instant appeal.
(a) The marriage between Dinesh Singh Thakur-the Appellant-husband and Sonal Thakur-Respondent-wife was solemnized on 20.02.1995 as per Hindu rites and two children were born out of the said wedlock. The Appellant-husband was working in United States of America (USA) at the time of marriage and he took the Respondent-wife to USA on Dependent Visa. Both the parties got the citizenship of USA in May, 2003. They obtained "PIO" status (Person of India Origin) in June 2003 and "OCI" status (Overseas Citizens of India) in July 2006.
(b) The Appellant-husband filed a petition being H.M.A. No. 601 of 2016 Under Sections 13 and 26 of the Hindu Marriage Act, 1955 (in short 'the Act') against the Respondent-wife at the Family Court, Gurgaon which is pending adjudication before the Court. Subsequently, the Respondent-wife filed a petition being Case No. 2016-008918-FD in the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, USA for divorce on the ground of irretrievable breakdown of marriage and other reliefs. Thereafter, the Appellant-husband filed Civil Suit No. 15 of 2016 before the District Judge, Family Court, Gurgaon, Under Section 7 of the Act for permanent injunction and declaration inter alia to restrain the Respondent-wife from pursuing the petition for divorce before the Court in USA.
(c) Learned District Judge, vide order dated 26.09.2016, granted ex parte ad interim injunction to the Appellant-husband. Being aggrieved, the Respondent-wife filed an application for vacation and modification of the order dated 26.09.2016. Learned District Judge, vide order dated 18.10.2016, vacated the injunction granted vide order dated 26.09.2016.
(d) Aggrieved by the order vacating injunction, the Appellant-husband preferred CR No. 7190 of 2016 before the High Court. Learned single Judge of the High Court, vide order dated 03.11.2016 dismissed the petition filed by the Appellant-husband.
(e) Aggrieved by the judgment and order dated 03.11.2016, the Appellant-husband has filed this appeal by way of special leave before this Court.
4. Heard Ms. Indu Malhotra, learned senior Counsel for the Appellant-husband and Mr. V. Giri, learned senior Counsel for t........