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Reprieve for Italian NRI in divorce case

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.

 

NRI DivorceŽ 2006-2010