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lost in foreign court can't be fought in India: HC
NEW DELHI: In a clear message to NRIs, the Delhi High Court
has said that a person who has submitted to the jurisdiction
of a court in a foreign country cannot vent his grievances
against a ruling abroad in an Indian court on the same ground.
court passed the order while allowing a petition seeking the
quashing of criminal proceedings on a complaint filed by the
former wife of an NRI, who alleged that her in-laws were torturing
her and not returning her share of joint property.
lodged the complaint against her in-laws in a police station
here after she lost a divorce case filed by her husband in
a US court.
S N Dhingra, while quashing criminal proceedings against the
woman's in-laws, said "This is not a case where she had
not submitted to the jurisdiction of the US court or the court
had no jurisdiction.
a competent court has passed an order in respect of return
or exchange of dowry articles, no offence can be tried for
the same articles in India."
said "She lodged the FIR only to settle her personal
scores. Criminal law cannot be allowed to be used to settle
personal scores, neither can the courts be allowed to be used
this case, the woman married a US-based NRI in 1993 and went
with him to America, where she alleged that her husband used
to harass her.
years after their marriage, the husband filed for divorce
in a US court and the wedding was dissolved in 1999.
story with a twist:
can't file vague police reports in India: court
Delhi High Court has said that NRIs cannot file "vague"
criminal complaints in India to settle scores with their relatives
after losing a case in their country of residence. While quashing
a complaint against Kanchan Gulati by her divorced daughter-in-law,
Justice S N Dhingra said: "The court should exercise
its discretion. Criminal law cannot be allowed to settle the
personal score of a complainant who lost her case in a US
the complaint of Anuja Gulati, the court said: "She lodged
the complaint to settle her personal score. The complainant
was not in India, where her mother-in-law was staying, during
the period between 1993-2002."
the former wife of Anuranjan Gulati, a computer engineer based
in Milwaukee, had filed an FIR with the Delhi Police alleging
that her in-laws were torturing her and not returning her
property and dowry that was in joint names.
lost a divorce case filed in the US and has been legally separated
from her husband since 1999.
is not a case where she had not submitted to the jurisdiction
of the US court or the court had no jurisdiction. Once a competent
court has passed an order in respect of return or exchange
of dowry articles, no offence can be tried for the same articles
in India," Dhingra said in an order pronounced earlier
in the week but has only now been made public.
was married to her US-based NRI husband in 1993 and went with
him to America, where she alleged that her husband used to
harass her. The husband filed for divorce in a US court five
years after their marriage and the wedding was dissolved in
court observed that during the period, the mother-in-law neither
stayed in the US with Anuja nor in New Delhi. The complaint
did not have any basis and was not substantiated by any evidence,
the court observed.