Reprieve for Italian
NRI in divorce case
NEW DELHI, May 29,
2006
The Times of India
The Supreme Court has stayed the execution
of non-bailable warrant issued by the Punjab and
Haryana High Court against an Italy-based NRI for
failing to appear before it in a divorce case filed
by his medico wife.
A vacation bench comprising Justices
Arijit Pasayat and L S Panta issued notice to Moga-based
Birpal Kaur on a petition filed by her NRI-husband
Jagraj Singh challenging the issuance of NBW.
Singh's counsel H S Phoolka has contended
that the High Court was not justified in issuing
NBW which was to be executed through the ministry
of external affairs and office of India consulate
general/ambassador on his residential address at
Bornazzo in Italy.
The advocate submitted that the High
Court has exceeded its civil jurisdiction while
hearing the appeal filed by the estranged wife of
the NRI under the Hindu Marriage Act.
The NRI has contended that his personal
appearance was not mandatory for adjudicating the
appeal under Section 28 of the Act when a decree
was passed by the district judge refusing to grant
divorce and when he had already put his appearance
through Special Power of Attorney.
