A judge of a family court in Hyderabad has issued an interim injunction restraining an NRI husband in the USA from pursuing a divorce case in a Texas court, after a plea filed by the wife.
The wife, Soni Oleti Kommineni, was aggrieved by the divorce petition filed by her husband Siddi Ganeswara Prasad Kommineni in a district court in Texas without any information and subsequent court notices sent to her.
Her counsel Balaji Vadera told the court that the proceedings launched in her absence offend the provisions of the Hindu Marriage Act, 1955.
The marriage of both took place at Tirupati on February 20, 2014, in which Soni’s parents gave INR 10 lakh, 100 tolas of gold and 10 kilos of silver ornaments as dowry.
The counsel argued that Soni was subjected to indiscriminate harassment by her husband Prasad since the time of the marriage, demanding additional dowry of INR 1 crore. The husband also took INR 3 lakh and flight tickets from Sona’s parents in order to take her to the USA, counsel noted.
Balaji also submitted that they had a son Advaith in April 2015, whom Prasad along with his wife sent to India with his mother. Soon after their arrival in India, Prasad’s mother took her passport and other documents away from Soni rendering her ineligible to go back to the USA.
Meanwhile, Prasad moved the Texas court seeking a divorce. As she was not in a position to respond to the notices sent to her by the Texas court, she approached the Family Court seeking an anti-suit injunction to prevent her husband from pursuing the divorce case.
Since the marriage was performed in India under the Hindu Marriage Act, Prasad is amenable to the jurisdiction of the Indian courts.
After hearing the case, the Family Court judge issued an interim injunction against Prasad directing him not to pursue the divorce case in a foreign court and posted the matter on March 31 for further hearing.