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Delhi High Court: No-Fault Divorce from U.S. Court Invalid Under Hindu Marriage Act
In Anubha v. Vikas Aggarwal , 100 (2002) DLT 682, the Delhi High Court examined a crucial question: Can a decree of “no-fault divorce” granted by a court in the United States be enforced in India when the marriage was solemnised under Hindu rites , and the wife neither consented to the divorce nor submitted to the jurisdiction of the foreign court? The case arose when the wife filed a suit seeking a declaration that she was entitled to live separately from her NRI husband
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Delhi High Court: NRI Husband Cannot Evade Indian Law by Staying Abroad
In Rajiv Tayal v. Union of India & Ors. , 124 (2005) DLT 502: 2005 (85) DRJ 146, the Delhi High Court addressed an important issue concerning the jurisdiction of Indian courts over NRI husbands who evade legal proceedings initiated by their wives. The case arose when an NRI husband filed a writ petition challenging the order of the Consulate General of India, New York , which had impounded his passport under Section 10 of the Passport Act, 1967 , following directions from
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Andhra Pradesh High Court: NRI Husband’s Plea to Quash 498A Proceedings Rejected
In Venkat Perumal v. State of Andhra Pradesh , II (1998) DMC 523, the Andhra Pradesh High Court dealt with a petition filed by an NRI husband seeking to quash criminal proceedings initiated by his wife under Section 498A of the Indian Penal Code (IPC) for matrimonial cruelty. The wife had alleged that she faced harassment, humiliation, and torture during her short stay with her husband both in Madras and in the United States. When she refused to terminate her pregnancy as
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Supreme Court Upholds Delhi High Court’s Authority in NRI Divorce Case: Vikas Aggarwal v. Anubha (2002)
In Vikas Aggarwal v. Anubha (AIR 2002 SC 1796), the Supreme Court of India dealt with an appeal filed by an NRI husband whose defence had been struck off in a maintenance suit filed by his wife in the Delhi High Court. Despite repeated directions and multiple opportunities, the husband failed to personally appear before the Court, as ordered. The High Court had specifically required his personal appearance to clarify how a US court granted him a divorce decree even though
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