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 the Indian court had already issued a restraint order against such foreign proceedings. The husband sought exemption from personal appearance, citing fear of arrest in a pending case under Section 498A of the Indian Penal Code. However, the High Court rejected his plea.

The Supreme Court upheld the High Court’s decision, emphasizing that Order X of the Civil Procedure Code (CPC) empowers courts to seek personal appearance of parties for clarification in the interests of justice. The Court observed that an affidavit filed by the husband’s counsel in the US was insufficient, and the statements of his father in India could not clarify the situation, as he was not present during the foreign proceedings.

Further, the Court held that the inherent powers under Section 151 CPC can always be exercised to advance justice and prevent misuse of the judicial process. Thus, the High Court’s direction for personal appearance and subsequent orders were entirely justified.

This judgment reinforces the Indian judiciary’s commitment to upholding domestic jurisdiction and ensuring accountability, especially in cases involving foreign divorce decrees and NRI spouses.