|
NRIDivorce.com
>>
Personal Stories >>
This Story
Reprieve for Italian NRI in divorce case
The Supreme
Court has stayed the execution of non-bailable warrant issued
by the Punjab and Haryana High Court against an Italy-based
NRI for failing to appear before it in a divorce case filed
by his medico wife.
A vacation
bench comprising Justices Arijit Pasayat and L S Panta issued
notice to Moga-based Birpal Kaur on a petition filed by her
NRI-husband Jagraj Singh challenging the issuance of NBW.
Singh’s
counsel H S Phoolka has contended that the High Court was
not justified in issuing NBW which was to be executed through
the ministry of external affairs and office of India consulate
general/ambassador on his residential address at Bornazzo
in Italy.
The advocate
submitted that the High Court has exceeded its civil jurisdiction
while hearing the appeal filed by the estranged wife of the
NRI under the Hindu Marriage Act.
The NRI
has contended that his personal appearance was not mandatory
for adjudicating the appeal under Section 28 of the Act when
a decree was passed by the district judge refusing to grant
divorce and when he had already put his appearance through
Special Power of Attorney. From
TOI
|
