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Sanjeev Kuchhal (Publishers)     16 November 2009

Check before choosing NRI groom, cautions HC

Check before choosing NRI groom, cautions HC

 

 

The Court was delivering judgement in the case of a woman who said her husband harassed her after she moved with him to the US.

 

Parents who dream of getting their daughters married to grooms settled abroad have been cautioned by the Bombay High Court to run a thorough check on the credentials of prospective husbands.

 

Delivering a judgement in a divorce case, the HC observed, "This is an eye-opener for parents whose daughters are going to marry a person settled in a foreign country... they must take appropriate care to find out the credentials of the person."

 

The division bench of Justice P.B. Majmudar and Justice RV More upheld a divorce between a computer engineer from Nashik and a Mumbai-based woman after she proved mental harassment allegations against him, including posting vulgar photographs of her on the internet.

 

She has also filed a case against him with the Cyber Cell of Mumbai Police.

 

The two were married in June, 2002 at Nashik as per Hindu rites, after which the woman moved to the US with her husband. In her divorce application in the family court, she had alleged that she was forced to change her lifestyle and follow American ways.

 

"He insisted that I cut my hair and forced me to eat beef and pork, which I had to cook at home. He also forced me to drink alcohol," said her application.

 

The woman also alleged that she was forced to wear vulgar clothes and hobnob with men against her wishes. She alleged that whenever she observed a fast, her husband forced her to cook non-vegetarian food, calling her "conservative and backward".

 

When she returned to her parents’ home after seven months of marriage, to appear in her MA exams, she wrote to her husband, seeking divorce by mutual consent, but he refused.

 

"He later sent a letter seeking divorce, but still continued to harass me. He posted an advertisement for my second marriage, with vulgar photographs and text on the internet," she alleged.

 

She also claimed that her husband was medically unfit. The woman had sought maintenance of Rs 75,000 per month and return of her ‘streedhan’, ie, gifts given to her at the time of marriage. But, during the final hearing of the divorce case, she withdrew her maintenance plea, to end the marriage without delay.

 

The court, while upholding the family court verdict, observed: "The act of publishing such photographs on Web sites is extremely shocking. It is unfortunate that a woman is required to undergo such torture at the hands of her husband."

Full text of the judgment can be made available if required.



Learning

 5 Replies


(Guest)

It is parents duty to see the credentials of a prospective husband before doing marriage of their daughter.

Radhika (Operator)     16 November 2009

Please send the full judgment. my email adrs is radhika_gupta@india.com

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     16 November 2009

Plz send the complete judgment or send the citation.

Regards

adv.kamal.grover@gmail.com

Hardik Mehta (Family Counsellor)     02 December 2009

This is already written in NCW website. Even the TV channels have the advertisment that the check can be made by the Mnister of External Affairs Department, but hardly anyone follows the same.

If the full judgement is available, then the comments can be made. This is the crime that has happened outside India and how come the court has tied to India. Or is this just an eyewash? In UK, US and many developed countries, the domestic voilence laws are severe and non-biased, she should have complained at that country.

The reverse is to be put now, if the groom is NRI then the bride has to be carefully taken since she takes the money / chidren and vanishes to India. Recently there is the famous case of Dr. Ravichandran v/s Vijaya, both US citizens, where the wife has come back  to India with the child and went into hiding. He has to take the help of Supreme Court and CBI to trace the child. It was found after 2 years.


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