Telangana HC stops NRI's bid to divorce wife in US court
HYDERABAD: The Telangana high court has upheld a family court order restraining an Indian-origin man from continuing divorce proceedings against his wife in a US court. The husband had approached the high court challenging the lower court's order, but his petition was dismissed.
Justice Nagesh Bheemapaka, delivering the verdict, affirmed that Indian courts have the jurisdiction to intervene and restrain parallel proceedings abroad, particularly in matrimonial matters involving Indian citizens.
The petitioner had contended that since both he and his wife currently reside in the United States on work visas and jointly own property there, the divorce case should be adjudicated in the US.
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However, the judge rejected this argument, noting that "the couple are Indian citizens; their marriage was solemnised in India; their stay in the US is temporary and does not negate their legal ties to India."
Justice Bheemapaka emphasised that the wife, as an Indian citizen, is well within her rights to seek legal remedies under Indian law, irrespective of where the couple currently resides.
He also distinguished the matter from commercial disputes, where exclusive jurisdiction clauses may apply, and held that matrimonial disputes are governed by personal laws, which entitle Indian courts to assume jurisdiction in appropriate cases.
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