Cross Country Divorce Case

    Prithwish Ganguli
    By Prithwish Ganguli
    Cross Country Divorce Case

    Cross Country Divorce Case

    Recently our firm won a Divorce case where the jurisdiction of Court in India was under challenge. For convenience of the readers a short description of the case is given however as per the policy of confidentiality of the data of esteemed clients our firm preferred not to disclose the name and case number of the particular case.

     

    The marriage between our client and the husband was solemnized in India when both the parties were the citizen of India. After marriage both the parties flew to Singapore and subsequently both the parties took the citizenship of Singapore. Thereafter both the parties were blessed with a kid.

     

    After birth of the kid the problem started and the wife (our esteemed client) had to face tremendous torture of both physical and mental. Without having any other option our client came back to India along with her kid who is also a citizen of Singapore by birth.

    After coming back to India the wife filed divorce case in the Court of India wherein the husband appeared through his Ld. Lawyer and challenged the maintainability of the case in India on two counts:

    • Firstly, just after departure of the wife the husband filed one divorce case in Singapore which was decreed ex-parte against the wife.  The husband raised his objection that whether after passing of divorce decree in the Court of Singapore, Suit for Divorce is maintainable in India?
    • Secondly, the husband challenged the maintainability of the Divorce case in India on the ground that at the time of filing of the case the wife was a citizen of Singapore.  Whether a citizen of foreign national can file a Divorce case in India?

     

    It will not be out of place to mention here that our firm did not file the divorce case in India.  Some other reputed law firm in Kolkata filed the case but when the husband filed the challenge petition the said law firm released the case to our esteemed client with the opinion that the case was not maintainable in India and the case had no merit.

     

    We got the case in this peculiar situation when a reputed law firm in Kolkata opined that the case is not maintainable. Our lawyers namely Mr. Prithwish Ganguli and Mr. Debashis Pushilal both were entrusted to deal with the case after a lot of argument the case was ultimately decreed in favour of our client by the Fast Track Court at Barasat 24 Parganas North a few months ago. The wife ultimately won the case and it was reestablished before the Ld. Court that such a case is well maintainable in the Courts in India.

     

    Our Ld. Counsels to deal with the jurisdiction point mainly relied and argued on the Section 19 of the Hindu Marriage Act, 1955 and the Ld. Court was convinced with the pyramid of the argument preferred by our Ld. Lawyers.

     

    Further details and reference of the particular case can be given to any interested persons subject to permission of our esteemed client.

     

    For further articles on various issues of divorce case, the readers may refer to our website www.prithwishganguli.com.

     

    Our law firm was established in the year 2001 by Mr. Prithwish Ganguli Advocate having its main office at EE 73 Salt Lake, Kolkata 700 091, West Bengal and within a short time it achieved reputation in the specific field i.e. Divorce cases.

     Contact: Mr. P Ganguli Advocate

    Mobile: +91 9903016246

    Prithwish Ganguli

    Prithwish Ganguli

    Lawyer and Legal Consultant
    Full description

    Law firm renders legal service and consultation in the following specific fields: 1. Divorce and other marriage law 2. Property law 3. Law relating to money recovery 4. Law relating to business set...