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A Hoshiarpur-based
woman, whose US-based husband had divorced her by allegedly
misleading a US court, has successfully convinced the US court
to reopen the divorce case as she was kept in the dark by
her husband about the proceedings. Experts say this could
be the first-of-its-kind case concerning US courts.
Ms Dalvir
Kaur got married to Mr Tej Mohinder Singh, a US resident,
on January 16, 1993. A son was born out of the wedlock. Ms
Dalvir Kaur was not taken to the USA by her husband and she
continued to reside in India.
Some time
ago she got the shock of her life when she received a divorce
decree issued by the court of Second Judicial, District Court
of the State of Nevada. The decree had been issued on January
5, 2004.
According
to available information, Ms Dalvir Kaur’s husband had stated
before the court that the marriage was incompatible and hence
should be annulled. He also claimed that the defendant, Ms
Dalvir Kaur, had been personally served a copy of the summons
on January 2, 2003, and that proof of the same had been filed
in the court on April 29, 2003. Apparently satisfied with
his claims, the court allowed his prayer and issued the divorce
decree. The order was passed on default basis as Ms Dalvir
Kaur did not present her side of the case before the court.
However,
on receiving the divorce decree, Ms Dalvir Kaur refused to
remain silent. She immediately consulted a Punjab and Haryana
High Court lawyer, Mr Amardeep Singh Walia, who prepared a
petition for her to send to the court in the USA that granted
the divorce.
“Since
she did not have the resources to immediately go to the USA,
I told her to send a written petition to the court at Nevada
and hope for the best. In that petition, Ms Dalvir Kaur has
prayed that the divorce decree should be set aside as it had
been granted on the basis of a fraudulent claim. She has also
prayed that Mr Tej Mohinder Singh should be prosecuted for
filing a fraudulent proof of service with the court.
Also,
the court has been requested to adjudicate on the issues of
child support, spousal support and child custody. Thankfully,
the court has taken note of her concerns and has given her
the opportunity to present her case properly,” says Mr Walia.
In view
of her financial condition, Ms Dalvir Kaur was being granted
exemption from depositing court fees and other charges. Incidentally,
a court-appointed officer, who looked into Ms Dalvir Kaur’s
charges, has recommended that her plea should be allowed as
she was not given an opportunity to be heard. “Ms Kaur should
have been properly noticed of the divorce proceedings and
given an opportunity to respond,” the officer held.
Following
the court’s decision that she should be allowed to present
her case, Ms Dalvir Kaur was granted a six-month visa to visit
the USA.
Remarks Mr Sukhwant Singh, brother-in-law of Ms Dalvir Kaur:
“It is amazing how the US judicial system works. On our simple
representation, the court understood that a wrong had been
committed. We are hopeful that we will win the case.” - Maneesh
Chhibber, Tribune News Service
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