In a rare case from Gujarat, a woman residing in the United States for the past 10 years has refused to consent to divorce and is instead demanding maintenance from her estranged husband. Their 10-year-old son currently lives with his maternal grandmother due to ongoing disputes between the couple.
Legal Battle Over Maintenance
The woman, who has been living illegally in the US, gave her brother power of attorney to handle her maintenance case in India. The Gujarat High Court observed that her actions suggest she is only interested in financial support while avoiding her responsibilities as a wife and mother.
Court’s Remarks on the Situation
The High Court expressed concern over the wellbeing of the couple’s child, who has been caught in the middle of their disputes. The court suggested that the woman return to India to finalize a one-time divorce settlement for the sake of their son. However, her brother informed the court that she refused to return, nor does she want to consent to a divorce.
Child Custody Dispute
The husband accused his wife of being unwilling to take their son to the US or grant him custody. The court warned that if the current situation continues, the custody of the child would likely be granted to the father.
Unreasonable Behavior
The High Court deemed the woman’s behavior unreasonable, emphasizing that she appeared to be leveraging legal channels to push her husband for maintenance while neglecting her duties as a parent and spouse.
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