In the case of Harmeeta Singh v. Rajat Taneja[i] where the wife was deserted by her husband within six months of marriage, as she was bound to depart the marital home within 3 months of cohabitation with her husband in the USA. When she initiated a petition for maintenance under the Act in India then the High Court disposed of the interim application in the petition by awarding an order of restraint against the husband from continuing with the proceedings in the US Court in the divorce petition filed by the husband there and also asking him to place a copy of the order of the High Court before the US Court.
The Court gave some interpretations while giving this order that even if the husband succeeded in getting a decree of divorce by the US that decree would be unreliable to obtain recognition by the Indian Court had jurisdiction and the jurisdiction of the US Court would have to be recognized under Section 13, CPC. The Court then held that till the US decree was acknowledged in India, he would be held responsible for committing bigamy in India and would be accountable to face criminal action for that. The Court further held that the wife’s residence in the USA was very brief, temporary and casual and she may not be monetarily competent of prosecuting the litigation in the US Court, and hence the Delhi Courts would be appropriate Court.
[i] (2003)I DMC 443 (SC)
