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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
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
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
Supreme Court directs IPS wife & her family members to tender apology to husband & in-laws for cases filed
In a divorce case, the Division Bench of B.R. Gavai, CJ., and Augustine George Masih*, J., deemed it fit to invoke the power under Article 142 of the Constitution and dissolved the marriage between the parties and directed the wife, an IPS Officer, and her parents to tender unconditional apology to the husband and his family members for physical and mental trauma caused to them due to cases filed by the wife, which led to the husband and his father languishing in jail for 109
Christine Lazarus Menezes v. Mr. Lazarus Peter Menezes (2017)
In the case of Christine Lazarus Menezes vs. Mr. Lazarus Peter Menezes (2017), the Hon'ble Bombay High Court held that filing false cases under Section 498A of the Indian Penal Code, 1860, constitutes cruelty and can be a ground for filing divorce. The details of the case are as follows: The appellant's wife challenged the Family Court's decision that had approved the respondent's application for divorce. The Hon'ble Bombay High Court upheld the Family Court's ruling, rejec
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