NRI Indian can not seek divorce in USA or in foreign country court.

The appellant Harpreet Singh Sekhon has filed this appeal through his father and General Power of Attorney Dilraj Singh Sekhon against the judgment and decree dated 25.08.2010 passed by the learned District Judge, Family Court, Faridabad whereby the suit filed by the respondent-wife Rajwant Kaur Sekhon for declaring the ex parte judgment dated 23.05.2005 passed by the Circuit Court of Cook County, Illinois, United States of America (USA-for short) to be illegal has been decreed in her favour and the aforesaid divorce decree has been declared null and void and not binding on the rights of the plaintiff-respondent Rajwant Kaur Sekhon.

The marriage between the plaintiff-respondent Smt. Rajwant Kaur Sekhon and the defendant-appellant-Harpreet Singh Sekhon was solemnized by way of Anand Karaj on 09.02.2000. Theplaintiff alleged that her marriage was a decent marriage. Her parents, brothers and sisters spent about Rs.30,00,000/- on the marriage. A list of expenses on the dowry articles and the other expenses including ring ceremony expenses has been attached. The defendant-appellant along with his parents had been permanently residing in USA. They are green card holders of United States of America. The father of the defendant-appellant namely Dilraj Singh Sekhon Ex Joint Director of Central Bureau of Investigation after leaving his job in India settled permanently in USA. He was working as a lecturer at Columbia College, Chicago, USA.

The divorce judgment passed by the Circuit Court of Cook County, it is submitted is a valid divorce judgment and the Court had jurisdiction over the subject matter. On the pleadings of the parties, the following issues were framed by the learned Civil Judge (Junior Division) Faridabad on 13.05.2009:-

1. Whether the plaintiff is entitled to decree of declaration as prayed for? OPD

2. Whether the suit is time barred? OPD

3. Whether the Court has no jurisdiction to entertain the present suit? OPD.

4. Relief.

After the said issues were framed by the learned Civil Judge (Junior Division), Faridabad on 13.05.2009, the case on the establishment of the Family Court, was transferred and received by the District Judge, Faridabad on 27.05.2009. On 04.11.2009, the learned District Judge, Family Court observed that it had been brought to the notice of the said Family Court that the issues settled on 13.05.2009 were not specific. Therefore, it was expedient to reframe the issues. The parties had not led any evidence till the said date i.e. 04.11.2009. Accordingly, the following issues were settled for adjudication by re-framing them:-

1. Whether the judgment and decree dated 23.05.2005 of Circuit Court of Cook County, Illinois County Department-Domestic Relations Division of Judge Jeanne R. Cleveland Bernstein in case titled Harpreet Singh Sekhon and Rajwant Kaur Sekhon dated May 23, 2005 dissolving the marriage is liable to be set aside, as alleged? OPP.

2. Whether this Court has no territorial jurisdiction to try this suit, as alleged? OPD

3. Whether the suit is time barred? OPD

4. Whether the suit is not maintainable before the Civil Court? OPD

5. Relief.

No other issues were pressed or claimed.

The learned District Judge after considering the evidence and material on record decreed the suit of the plaintiff-respondent with costs. The divorce decree dated 30.05.2005 passed by the Circuit Court of Cook County, Illinois, USA was declared null and void and not binding on the rights of the plaintiff; besides, the suit was held to be within limitation and as regards jurisdiction of the Court at Faridabad, the same was not pressed during the course of arguments. The plaintiff had also sought alimony/maintenance allowance for a sum of Rs.75000/- per month. However, the said plea was not supported by any kind of evidence. Accordingly the same was declined.

Aggrieved against the said judgment and decree, the defendant-appellant through his father and Attorney Dilraj Singh Sekhon has filed the present appeal. This Court on 04.10.2010 subject to the appellant’s depositing an amount of Rs.70,000/- (provisional) towards litigation expenses, to be paid to the respondent, issued notice of motion on the application regarding condonation of delay and also in the main appeal. The service was complete. Thereafter on 09.02.2011 to explore the possibility of a compromise between the parties the case was adjourned to 16.02.2011. On the said date as per the attorney (Dilraj Singh Sekhon) of the appellant, there were no chances of compromise. The case was adjourned to 20.04.2011 for arguments. On 27.04.2011, counsel for the parties were in agreement that efforts were being made to compromise the matter and the case on request was adjourned to 06.05.2011. On 06.05.2011, the following order was passed:-

Therefore, it is a case of transfer of the case to the Court of District Judge (Family Court), Faridabad on its establishment. Section 7 of the Family Courts Act deals with the jurisdiction of the Family Court and the same reads as under:-

“Jurisdiction.-

(1) Subject to the other provision of this Act, a Family Court shall–

(a) have and exercise all the jurisdiction exercisable by any district court or any subordinate civil court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the Explanation; and (b) be deemed, for the purposes of exercising such jurisdiction under such law, to be a district court or, as the case may be, such subordinate civil court for the area to which the jurisdiction of the Family Court extends.

Explanation.– The suits and proceedings referred to in this sub- section are suits and proceedings of the following nature, namely:–

(a) a suit or proceeding between the parties to a marriage for a decree of nullity of marriage (declaring the marriage to be null and void or, as the case may be, annulling the marriage) or restitution of conjugal rights or judicial separation or dissolution of marriage;

(b) a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person;

(c) a suit or proceeding between the parties to a marriage with respect to the property of the parties or of either of them;

(d) a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship;

(e) a suit or proceeding for a declaration as to the legitimacy of any person;

(f) a suit or proceeding for maintenance;

(g) a suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor. (2) Subject to the other provisions of this Act, a Family Court shall also have and exercise–

(a) the jurisdiction exercisable by a Magistrate of the first class under Chapter IX (relating to order for maintenance of wife, children and parents) of the Code of Criminal Procedure, 1973 (2 of 1974 ); and

(b) such other jurisdiction as may be conferred on it by any other enactment.”

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                            FAO NO.5742 of 2010 (O & M)
                            Date of decision: 22.02.2013

Harpreet Singh Sekhon                              .....Appellant


                            Versus



Rajwant Kaur                                       ..... Respondent

CORAM: HON'BLE MR. JUSTICE S.S. SARON
       HON'BLE MR. JUSTICE S.P. BANGARH

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