Bombay High Court Stays UK Divorce Order, Asks Couple To Approach Indian Court

Published on 31 Jan 2019 by Shivi

The Bombay High Court has stayed divorce proceedings initiated by an estranged husband against his wife, an Indian national, filed in the United Kingdom, on the grounds that the couple had married in Mumbai and were governed under the Hindu Marriage Act, to file proceedings only in India.

Justice RD Dhanuka, while restraining the husband, a UK national, from pursuing the divorce proceedings filed under English Personal law, said, "An appropriate forum (forum conveniens) for the plaintiff (wife) would be the court in India, within whose jurisdiction the plaintiff and the defendant (husband) were married under the provisions of the Hindu Marriage Act."

The wife had moved court seeking an order for staying the divorce proceedings by the husband pending before the Family Court, Manchester, United Kingdom (UK) and also sought an injunction against husband from proceeding with the said case.

READ: The Complete Process Of Contested Divorce In India

The husband opposed the plea claiming he is a natural UK citizen and also domiciled there, thus provisions of Hindu Marriage Act are not applicable to him. The anti-injunction suit thus filed by the woman is not maintainable.

The couple had married in 2012 at a temple in Bandra. Their marriage was registered at the Mira-Bhayander Municipal Corporation. But when the woman moved to the UK in 2013, she alleged ill-treatment and said her husband evicted her. He also withdrew the visa sponsorship offered by him and thus the woman had to be sent back to India.

SOURCE

Tags: Contested Divorce 

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