In a recent ex-parte order, Justice Mukta Guptarestrained the husband from proceeding with the divorce petition filed in a Texas court. She took into account that the couple had tied the knot in India and now the woman doesn't possess a valid visa to travel to the US and contest the divorce plea.
"The balance of convenience lies in favour of the wife and if injunction isn't granted, she will suffer irreparable loss," Justice Gupta said.
HC accepted the argument of the woman's lawyer, Prabhjit Jauhar, that since they were married in India in accordance with Hindu Marriage Act, 1955, their marriage could only be dissolved under the provisions of the Act. He further said the US court has no jurisdiction to resolve the marriage.
According to the petitioner, she was suddenly left stranded by her husband who filed for divorce in the US on the ground of irreconcilable differences. She told the court that soon after their marriage, they left for the US. While initially the husband was staying in a rental accommodation, the couple shifted to a home they had purchased.
Their relationship turned sour when the husband and his parents started treating the woman with cruelty and demanded that her parents transfer one of the properties in the name of the husband. When the woman's parents pleaded helplessness, the husband allegedly conspired with his parents to oust the woman from their house.
HC was further told by the woman's counsel that she was sent back to India for a holiday with a return ticket to the US. But, once she was gone, the husband did not apply for her green card because of which the woman's dependent visa expired. In her absence, the husband got his green card and filed the divorce petition.
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