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odisha-man-kidnapped-on-pretext-of-job-rescued-from-bengal

Published By : Pradip Subudhi
odisha-man-kidnapped-on-pretext-of-job-rescued-from-bengal

New Delhi, March 18: The Supreme Court has dissolved the marriage of an NRI couple, invoking its powers under Article 142 of the Constitution, ruling that their relationship had irretrievably broken down. The court set aside the Bombay High Court’s judgment that had upheld a US court's divorce decree, stating that Indian courts lacked jurisdiction.

The couple married in Mumbai on December 25, 2005, and later moved to the US. Matrimonial disputes led the wife to file for divorce in Michigan in 2008, while the husband sought divorce in Pune. The US court granted a divorce decree, but the Supreme Court rejected its automatic recognition, citing that the ground of "irretrievable breakdown" is not recognized under Indian law.

The top court noted that the husband had not effectively participated in the US proceedings, failing to meet the conditions for recognizing foreign decrees in India. It concluded that no marital bond remained, given their separation since 2008, and granted a divorce under Indian law. Consequently, the pending Pune Family Court petition was closed.