In a unique case from Gujarat, a woman living in the US for the past decade is seeking maintenance from her estranged husband while refusing to agree to a divorce. The couple’s 10-year-old son is currently living with his maternal grandmother due to their ongoing dispute.
The woman has given power of attorney to her brother to handle her maintenance case in India. The High Court observed that she seemed only interested in securing maintenance payments rather than addressing her marital responsibilities. The court questioned the nature of the relationship and expressed concern for their child’s well-being.
The High Court suggested that the woman return to India and settle the matter with a one-time payment to end the marriage, focusing on the best interests of their son. However, her brother informed the court that she has been living in the US illegally for ten years, has refused to return despite her husband’s requests, and is unwilling to consent to a divorce.
The court criticized her actions as unreasonable, noting that she appears to be using the legal system to pressure her husband into paying maintenance. The husband also stated that his estranged wife is not willing to bring their son to the US or grant him custody. The High Court warned that if the situation does not change, the custody of their son might be transferred to the father.
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