NRI barred from pursuing divorce plea in Australian court
An Australia-based NRI's bid to bypass the Indian judicial system for divorcing his wife has come a cropper with a Delhi court accepting his estranged wife's plea to retrain him from pursuing the matter in a Melbourne court.india Updated: Jan 28, 2009 19:58 IST
An Australia-based NRI's bid to bypass the Indian judicial system for divorcing his wife has come a cropper with a Delhi court accepting his estranged wife's plea to retrain him from pursuing the matter in a Melbourne court.
Coming to the rescue of the woman, summoned by the Australian court, Civil Judge Shivali Sharma said "An ex-parte ad interim injunction is granted in favour of the plaintiff (woman) and against the defendant (husband) thereby, restraining him from proceeding further with the divorce proceedings in the Federal court of Australia, Melbourne."
The court's order has come on a plea of the harried woman who approached it after receiving a specific message from the Melbourne court stating "If you do not attend the court, the court may decide the divorce petition in your absence in the facts and circumstances of the case."
The Australian court has sought her presence on February 3 for the divorce proceedings initiated by her husband, who went abroad after allegedly deserting her within 10 days of their marriage.
Granting relief to the woman on the petition filed through her counsel M S Ahluwalia, the court relied upon various judgements of the apex court stating that the foreign courts may grant relief in accordance with the matrimonial law under which the parties are married.
Ahluwalia sought restraining order against the man from initiating divorce proceedings in Australia on the ground that a foreign court had no jurisdiction to entertain such a plea.
The two got married on November 24, 2007 as per Hindu rites in a temple in west Delhi. The petitioner's husband went abroad on December 4 and allegedly snapped all ties. She was allegedly harassed by his family members for dowry.