Indian man granted divorce after his wife refused return to the US

divorce

The High Court of Mumbai has allowed an Indian man to divorce his wife after she refused to move back to the United States.

The husband, originally from Mumbai, had already relocated to the US for work when he entered the arranged marriage in 1996. His wife, from the same city, then moved overseas to join him. But the relationship proved unstable and she returned to India a few years later.

He then filed a divorce petition in a Mumbai court, claiming she had had deserted him. But the wife successfully objected and a court ruled in her favour in 2009, ordering the man to rejoin his wife.

But the judges did not specifically say he had to move back to India, and in fact he tried to persuade her to do the opposite and rejoin him in the United States. But by 2015, with his efforts come to nothing, he had lost patience with the situation and again filed for divorce. The wife, curiously determined despite having lived apart from him for years by this point, appealed to the High Court, arguing that the earlier ruling had said he should join her, not the other way round. She could not be expected to abandon her job and country for him, she insisted.

But her appeal was rejected by the Justices there. Noting the husband’s established life in the US, where he has lived for over ten years, they declared:

“There was absolutely no question of the husband coming to India and resuming cohabitation with her here.”

He had made repeated efforts to help her move to the US, the Justices explained, and offered to help with her visa, but she had not responded to most of his overtures. However, she had made efforts to enforce a maintenance award.

Stowe Family Law Web Team

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1 comment

Andrew - September 6, 2017 at 12:35pm

I expect she was determined for financial reasons . . .

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