Hyderabad court restrains NRI from seeking divorce in US
By Express News Service | Published: 19th March 2017 06:00 AM |
HYDERABAD: The Family Court in Hyderabad has issued an interim injunction restraining a NRI husband in USA from pursuing a divorce case in a Texas court.
The judge of the Family Court passed this interim order in a plea filed by an aggrieved wife Soni Oleti Kommineni of Erramanzil colony in the city.
Her counsel Balaji Vadera told the court that his client was aggrieved with the divorce petition filed by her husband Siddi Ganeswara Prasad Kommineni in a district court in Texas without any information, and subsequent court notices to her.
The proceedings launched in herabsence offend the provisions of the Hindu Marriage Act, 1955, he argued.
The counsel alleged that Soni was subjected to indiscriminate harassment by her husband , Prasad since the time of marriage which took place at Tirupati on Feb 20, 2014. Her parents gave `10 lakh cash, 100 tolas of gold and 10 kilos of silver ornaments. However, he harassed her from the next day demanding additional dowry of `1 crore. He also took `3 lakh and flight tickets from Sona’s parents in order to take her to USA, he noted.
Balaji submitted that they had a son Advaith in April 2015. However, the indiscriminate torture against Soni continued even at Texas.
Later, Prasad sent Soni and their son to India, and his mother accompanied them. After their arrival in India, Prasad’s mother took the passport and other documents from Soni rendering her ineligible to go back to USA.
Meanwhile, he moved the Texas court seeking divorce. As she was not in a position to respond to the notices sent to her by the Texas court, she approached the Family Court seeking anti-suit injunction to prevent her husband from pursuing the divorce case.
In fact, Prasad is amenable to the jurisdiction of the Indian Courts and not vice versa since the marriage was performed here under the Hindu Marriage Act, the counsel pointed out.
After hearing the case, the Family Court judge issued an interim injunction against Prasad directing him not to pursue the divorce case in a foreign court and posted the matter to March 31 for further hearing.