Cross Country Divorce
Case
Recently our firm won a Divorce case where
the jurisdiction of Court in India was under challenge. For convenience of the
readers a short description of the case is given however as per the policy of
confidentiality of the data of esteemed clients our firm preferred not to
disclose the name and case number of the particular case.
The marriage between our client and the
husband was solemnized in India when both the parties were the citizen of
India. After marriage both the parties flew to Singapore and subsequently both
the parties took the citizenship of Singapore. Thereafter both the parties were
blessed with a kid.
After birth of the kid the problem started
and the wife (our esteemed client) had to face tremendous torture of both
physical and mental. Without having any other option our client came back to
India along with her kid who is also a citizen of Singapore by birth.
After coming back to India the wife filed
divorce case in the Court of India wherein the husband appeared through his Ld.
Lawyer and challenged the maintainability of the case in India on two counts:
·
Firstly,
just after departure of the wife the husband filed one divorce case in
Singapore which was decreed ex-parte against the wife. The husband raised his objection that whether
after passing of divorce decree in the Court of Singapore, Suit for Divorce is
maintainable in India?
·
Secondly,
the husband challenged the maintainability of the Divorce case in India on the
ground that at the time of filing of the case the wife was a citizen of
Singapore. Whether a citizen of foreign
national can file a Divorce case in India?
It will not be out of place to mention here
that our firm did not file the divorce case in India. Some other reputed law firm in Kolkata filed
the case but when the husband filed the challenge petition the said law firm
released the case to our esteemed client with the opinion that the case was not
maintainable in India and the case had no merit.
We got the case in this peculiar situation
when a reputed law firm in Kolkata opined that the case is not maintainable.
Our lawyers namely Mr. Prithwish Ganguli and Mr. Debashis Pushilal both were
entrusted to deal with the case after a lot of argument the case was ultimately
decreed in favour of our client by the Fast Track Court at Barasat 24 Parganas
North a few months ago. The wife ultimately won the case and it was
reestablished before the Ld. Court that such a case is well maintainable in the
Courts in India.
Our Ld. Counsels to deal with the
jurisdiction point mainly relied and argued on the Section 19 of the Hindu
Marriage Act, 1955 and the Ld. Court was convinced with the pyramid of the
argument preferred by our Ld. Lawyers.
Further details and reference of the
particular case can be given to any interested persons subject to permission of
our esteemed client.
For further articles on various issues of
divorce case, the readers may refer to our website www.prithwishganguli.com.
Our law firm was established in the year
2001 by Mr. Prithwish Ganguli Advocate having its main office at EE 73 Salt
Lake, Kolkata 700 091, West Bengal and within a short time it achieved
reputation in the specific field i.e. Divorce cases.
Contact: Mr. P Ganguli Advocate
Mobile: +91 9903016246
