Return to settle dispute with wife, SC tells NRI, Legal News, ET LegalWorld – Legal Firms

AHMEDABAD: The Supreme Court has ordered an NRI living in Kenya to return to India to resolve his matrimonial dispute and not to leave the country without its permission. As the man is facing a criminal case filed by his wife, the apex court has directed the Gujarat government not to take coercive actions against him for at least six months.

The bench of Justices S Abdul Nazeer and V Ramasubramanian Friday directed the man and his wife to remain present before its mediation centre on December 4 and its coordinator, after making an endeavour for amicable resolution of the disputes, will submit a report to the court.

On May 5, the SC directed the husband to pay Rs 10 lakh towards maintenance for his wife and son, who live in Ambawadi area of Ahmedabad. In April, the court took the Gujarat police to task for their inability to trace the husband and summoned the DGP to explain the failure to bring the man to put him on trial for wife’s complaint levelling charges under Section 498A of IPC and dowry prohibition laws, said the woman’s advocate Sachin Vasavada.

Couple had son in 2010

Marriage of the couple involved in this dispute took place in 2008. The husband is from Visnagar town. They had a son in 2010. Following matrimonial disputes, the woman returned to her parental home and filed a case under the Protection of Women from Domestic Violence Act in 2014. A year later, she filed an FIR under Section 498A of IPC and Dowry Prohibition Act with the Visnagar police.

She alleged demand of dowry from her in-laws and claimed that her husband disappeared after spending her ‘stridhan’. She approached the SC after the Gujarat high court in 2015 stayed the police from arresting her in-laws. In 2017, a lower court ordered the husband to pay maintenance to the wife. The SC had repeatedly asked Gujarat police to trace the husband so that court notices and summons could be served on him. The man’s family members were found reluctant to share his whereabouts and claimed ignorance about it. However, it was found out that the man is in Kenya and his lawyer represented him in a court.

Since the man is facing criminal charges, the Gujarat government has been ordered “not to take any coercive action against the husband for a period of six months and the husband is also directed not to leave the country without permission of this court”.

Source link