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Delhi High court restrains an NRI from proceeding with divorce in US

Live Law News Network
1 Jan 2014 7:25 AM GMT
Delhi High court restrains an NRI from proceeding with divorce in US
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The Delhi High Court has ruled in favour of a woman allegedly deserted by her husband who has filed for divorce in the US.In an ex-parte order, Justice Mukta Gupta has restrained the husband from proceeding with the divorce petition which has been filed in a court in Texas.

The HC took into consideration the fact that the couple had married in India and the woman currently does not possess a valid visa to travel to the US to contest the divorce plea."The balance of convenience lies in favour of the wife and if injunction isn't granted, she will suffer irreparable loss," Justice Gupta said.

According to the petitioner, she was left stranded by her husband who filed for divorce in the US on the ground of irreconcilable differences. Their marriage turned sour when the husband and his parents started treating the woman with cruelty and demanded that her parents transfer one of the properties in the name of the husband. When the woman's parents pleaded helplessness, the husband ousted the woman from their house. It was further submitted by the petitioner that she was sent back to India for a holiday with a return ticket to the US. But, once she left, the husband did not apply for her green card because of which the woman's dependent visa expired. In her absence, the husband filed the divorce petition in a court in Texas.

The HC accepted the argument of the petitioner’s lawyer that since the couple was married in India in accordance with Hindu Marriage Act, 1955, their marriage could only be dissolved under the provisions of the said Act, and that the US court has no jurisdiction to resolve the marriage.

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