Case ID: DV02-00893 - TAJMOHINDER
SINGH VS. DALVIR KAUR
Filing Date: Thursday , April 18th, 2002
Type: DC - DIVORCE - CHILDREN
Status: EVNTCLOSED - Event Closed
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NRI divorces wife in US court, she fights back
Chandigarh, May 22, 2006
Maneesh Chhibber
Tribune News Service
A Hoshiarpur-based woman, whose US-based husband
had divorced her by allegedly misleading a US court,
has successfully convinced the US court to reopen
the divorce case as she was kept in the dark by her
husband about the proceedings. Experts say this could
be the first-of-its-kind case concerning US courts.
Ms Dalvir Kaur got married to Mr Tej Mohinder Singh,
a US resident, on January 16, 1993. A son was born
out of the wedlock. Ms Dalvir Kaur was not taken to
the USA by her husband and she continued to reside
in India.
Some time ago she got the shock of her life when
she received a divorce decree issued by the court
of Second Judicial, District Court of the State of
Nevada. The decree had been issued on January 5, 2004.
According to available information, Ms Dalvir Kaur's
husband had stated before the court that the marriage
was incompatible and hence should be annulled. He
also claimed that the defendant, Ms Dalvir Kaur, had
been personally served a copy of the summons on January
2, 2003, and that proof of the same had been filed
in the court on April 29, 2003. Apparently satisfied
with his claims, the court allowed his prayer and
issued the divorce decree. The order was passed on
default basis as Ms Dalvir Kaur did not present her
side of the case before the court.
However, on receiving the divorce decree, Ms Dalvir
Kaur refused to remain silent. She immediately consulted
a Punjab and Haryana High Court lawyer, Mr Amardeep
Singh Walia, who prepared a petition for her to send
to the court in the USA that granted the divorce.
"Since she did not have the resources to immediately
go to the USA, I told her to send a written petition
to the court at Nevada and hope for the best. In that
petition, Ms Dalvir Kaur has prayed that the divorce
decree should be set aside as it had been granted
on the basis of a fraudulent claim. She has also prayed
that Mr Tej Mohinder Singh should be prosecuted for
filing a fraudulent proof of service with the court.
Also, the court has been requested to adjudicate
on the issues of child support, spousal support and
child custody. Thankfully, the court has taken note
of her concerns and has given her the opportunity
to present her case properly," says Mr Walia.
In view of her financial condition, Ms Dalvir Kaur
was being granted exemption from depositing court
fees and other charges.
Incidentally, a court-appointed officer, who looked
into Ms Dalvir Kaur's charges, has recommended that
her plea should be allowed as she was not given an
opportunity to be heard. "Ms Kaur should have
been properly noticed of the divorce proceedings and
given an opportunity to respond," the officer
held.
Following the court's decision that she should be
allowed to present her case, Ms Dalvir Kaur was granted
a six-month visa to visit the USA.
Remarks Mr Sukhwant Singh, brother-in-law of Ms Dalvir
Kaur: "It is amazing how the US judicial system
works. On our simple representation, the court understood
that a wrong had been committed. We are hopeful that
we will win the case."
