The Bombay High Court on August 11 set aside a Bandra family court order which dismissed a petition for divorce and maintenance filed by a woman, on the ground that her husband, living in Dubai, has obtained an ex-parte divorce decree from a court there. A division bench while hearing the petition filed by Worli resident, held the divorce granted by the Dubai court, as inconclusive and not binding in India Turn to P4              

COMMERCIAL BREAK
SCROLL TO CONTINUE READING

The reasons HC cited were that both were domiciled in India and governed by the Hindu Marriage Act.

The bench said "Woman had not abandoned her domicile of birth by making Dubai her permanent abode. Husband has made Dubai as his permanent abode is also not stated in proceedings before the Dubai court. Both the spouses are Indian citizens and in absence of averments as well as material to endorse claim of being domicile of Dubai. We are unable to hold Dubai Court having competent jurisdiction to decide matrimonial dispute between them."

The couple had married in the year 2000, as per Hindu Vedic rites, the same year the couple moved to Dubai. They were blessed with two children, and on August 21, 2008, the woman returned to Mumbai along with her children and did not return. The husband continued to reside in Dubai.

Relying on judgment of Apex court, on when a foreign court judgment can be held conclusive, the court said, "The woman had not been given an opportunity to contest the petition filed in Dubai by the husband. The judgment of Dubai Court does not indicate that husband had ensured effective contest by making all necessary provisions for the wife to defend petition, including the cost of travel, residence, and litigation. Thus it cannot be held that principles of natural justice were followed."