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3. The petitioner would further submit that while the said O.P. was pending, the second respondent filed a case in the Circuit Court of Fair Fax County, Virginia for divorce against the petitioner and she sent a detailed counter and the said case was dismissed; that after the exparte decree of divorce granted by the II Additional Family Court, Chennai, she had waited for more than 22 months and subsequently, she got married to one Mr.Sridhar, who is a resident of Mumbai on 2.10.2003 which was registered on 18.11.2003 at Mumbai; that she is now permanently residing in Bombay and permanently a dependent on her husband; that now the second respondent has appeared before the Family Court and has filed a petition to set aside the exparte decree, which is pending for orders; that the present case before the learned Magistrate is also posted for trial; that though she had given a complaint on the ground for cruelty as well as for return of her personal belongings including jewels and also for dowry harassment, she finds it difficult to appear and adduce evidence before the learned Magistrate and she does not require the jewels or her personal belongings and she is prepared to compromise and compound the offence since she cannot afford to jeopardize her existing marriage; that moreover, she finds it difficult to come to Court from Mumbai which would cause disturbance to her present married life; that though the second respondent has not paid any alimony, she has to depend on her husband to attend the case to bear the travel expenses etc., On such grounds, the petitioner would pray for the relief extracted supra.

9. It could be seen that on a refusal to give her consent for her divorce, the petition filed by the husband seeking dissolution of marriage had been dismissed by the U.S. Court at Virginia, but to suit her convenience the petitioner has filed a divorce petition in India before the II Additional Family Court at Chennai and since no proper processing would have taken for the notice to be served on her husband in U.S. Court, the petitioner was able to get an exparte decree of divorce with the help of which she has married another man the second time and she is now settled at Mumbai along with her second husband.

11. On the other hand, her move is vehemently opposed by the husband/2nd respondent on ground that since cruelty has been alleged, it is susceptible to attach stigma to the rest of his life and even thereafter and therefore he would like to have effective cross examination of the petitioner in the box regarding that aspect.

12. The second respondent/husband would further put up a strong case stating that himself having filed a petition to set aside the exaprte divorce granted in favour of the petitioner along with the delay condonation application and this delay condonation petition has been allowed by the Family Court, Chennai and the petition to set aside the exparte decree of divorce is also under consideration and therefore there is every possibility of the exparte decree of divorce obtained by the petitioner has to be set aside and on these circumstances would oppose the above criminal Original Petition.

14. Secondly since there is every likelihood of the exparte decree of divorce being set aside whatever the petitioner has committed based on exparte decree of divorce are likely to be declared nullity and therefore whatever decisions have been taken on the part of the petitioner cannot prevail over the legal dictum which is a false messiah and therefore the petitioner cannot take such advantage to seek from this Court to invoke its inherent powers conferred by law under Section 482 of the Code of Criminal Procedure for her own selfish advantage and in these circumstances the only conclusion that this Court could arrive at is to dismiss the above Criminal Original Petition and the same is ordered accordingly.