Saurabh Malik
Tribune News Service
Chandigarh, September 12
Strange as it may sound, the Bathinda police had registered a case against an NRI family at the instance of an estranged wife settled abroad. The litigation initiated by the respondent-wife "through remote control" has now come under judicial scrutiny with the Punjab and Haryana High Court issuing a notice of motion to the state of Punjab.
The estranged wife and the Bathinda police have also been put on notice by the High Court on a petition filed by the husband and his parents through counsel RS Bajaj for quashing of the FIR. Taking up the matter, Justice Manjari Nehru Kaul also directed that coercive would not be taken against the petitioners.
Bajaj submitted the marriage took place in 2017 and immediately, the couple shifted to the US. Parents of the husband were living in Canada. But the complainant's behaviour was not good towards her husband, following which he filed a petition for divorce in the US.
It was mutually settled in the proceedings that the husband would pay the maintenance in nine monthly instalments as full and final settlement. On the basis of it, the US court granted divorce. In the meantime, she sent a complaint to the Punjab Police seeking registration of an FIR against her husband and in-laws. Though the husband and his parents sent a detailed reply to the Bathinda police clarifying their stand, the cops hurriedly registered an FIR against them.
Bajaj contended the Bathinda police had no jurisdiction to register the FIR since the alleged incident of harassment had taken place in the US. As such, the FIR could not have been registered in Bathinda, especially when the complainant was residing in the US even to date.
Bajaj further contended the complainant herself had agreed for divorce and had arrived at a settlement regarding the maintenance and had even received the amount from him. As such, she could not be now allowed to turn around and get the present FIR registered as it was a gross abuse of the process of law.
Divorce case
The counsel for the petitioners submitted the marriage took place in 2017 and immediately, the couple shifted to the US. Parents of the husband were living in Canada. However, the complainant's behaviour was "not good" towards her husband, following which he filed a petition for divorce in the US.
from The Tribune https://ift.tt/3iq9HVx
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