- Friday, April 26, 2024
By: Keerthi Mohan
A COURT in India has prevented a British citizen of Indian origin to proceed with his divorce plea against his estranged wife who lives in India in a UK court.
Justice Ramesh Dhanuka of the Bombay High Court ruled that just because the man was a UK national it did not mean that a foreign court would hear the matter, a report in the Times of India said.
“Admittedly in this case, the marriage was solmenised in Mumbai and thus merely because the husband in having domicile of UK would be no significance,” Justice Dhanuka was quoted as saying.
The man, who has two daughters from his earlier marriage, got married under the Hindu Marriage Act in Bandra, Mumbai, in December 2012. He filed for divorce in June 2014, under English personal laws saying their marriage broke down irretrievably.
But the Bombay High court pointed out that it was not a ground for divorce under the Hindu Marriage Act.
According to the woman, her husband forced her out of the UK with the help of local police within a few months of being married. He also withdrew her sponsorship, making it difficult for her to return to the country, she claimed.
“If the woman is asked to defend the proceedings filed by the husband before the family court in Manchester, he has always obstructed her entry in the UK. Even otherwise…(she) would not be able to defend the proceedings… without financial assistance of the husband,” the judge said.
