Bombay High Court (HC) permitted city businessman Sandip Kedia Monday to file a suit for divorce and custody of his seven-year-old son in a Dubai court. HC noted since his wife Pooja had chosen to live there,she could not argue that the choice of her country is inconvenient only when it comes to the jurisdiction of courts.
Referring to the wifes argument that the UAE law was oppressive,justice Roshan Dalvi said the law that would apply to this case was not Sharia but personal status law. She said there would be no conflict between the laws applicable in Dubai and India.
The court finds no reason to berate the justice system of the country based on the new laws of 1985 and 2005.
Justice Dalvi said rejected the wifes application seeking an anti-suit injunction and directed that the divorce petition of the husband should continue in the court it has been filed.
She (the wife) has chosen the country. She must accept her choice. She,therefore,comes within the jurisdiction of that country.
The wife said conducting legal proceedings and translating legal documents would pose her difficulties. The judge,however,noted she was director of at least three companies in Dubai.
It will be expected of such a wife who has chosen the country with which she is fully satisfied to have to obtain at least the attestations and interpretations of her documents,the cost notwithstanding.
Justice Dalvi took into account that even if the husband were to apply for divorce in Mumbai,it would be a Herculean task for him to secure his wifes presence for the proceedings. HC noted the petition for divorce was filed by the husband in Dubai only after the wife moved there.
In January 2011,Supreme Court had permitted Sandip Kedia to meet his son in Dubai for two days every month. He is also said to have secured a travel ban order for the child.