SC orders sale of Australia-based NRI's share in ancestral property after he abandons wife

Satya Prakash

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New Delhi, October 22

Amid rising instances of NRI men dumping their wives in India after marriage, the Supreme Court has ordered sale of an Australia-based NRI man’s share in his ancestral property here after he abandoned his wife and refused to pay the arrears of maintenance to her.

Fed up with the “utter obduracy” and “persistent defiant conduct” displayed by the NRI man, a Bench led by Justice S Ravindra Bhat (since retired) directed the Registrar of the Delhi High Court to put to sale his six shops and “ensure that the best prices are realised”.

“The amounts realised from the sale shall be deposited in a fixed deposit receipt, initially for six months, and its interest, disbursed to the second respondent/applicant (his divorced wife). In the event of no sale, the attachment of property shall continue in favour of the applicant,” the Bench said in its on October 20 order.

“The attachment of rents of M/s Fitness Factory Gym & Spa on the First Floor shall be continued, till the petitioner (NRI man’s father), and his son, pay the amount constituting the balance between the amount realized by direction (1) and Rs 1.25 crore,” it ordered.

“To my knowledge, this is the first such order in which the Supreme Court ordered the sale of an NRI man’s share in his ancestral property in India after he abandoned his wife and refused to pay maintenance,” advocate Jaspreet Gogia – who assisted the top court as Amicus Curiae (friend of the court) – told The Tribune. The Bench appreciated her “valuable contribution and efforts” in getting justice to the woman.

The order came on the woman’s plea seeking recovery of both arrears of maintenance and her monthly maintenance of Rs 1,27,500. The woman – who hailed from Bilaspur in Chhattisgarh – wanted her father-in-law and mother-in-law (now deceased) to pay the maintenance amount on the ground that she was dependent for expenses, including litigation expenses, on her widowed mother.

The man Varun Gopal got married to the woman sometime in 2012-13 when he was employed in Australia. Within two years of marriage, the matrimonial relationship deteriorated leading to various legal proceedings and he obtained a decree of divorce in Australia and chose not to participate in the criminal proceedings or in the maintenance proceedings in India. The woman, however, didn’t accept the decree granted to the husband by the Australian court and challenged it in India.

His father contended that the woman had obtained the maintenance order only against her husband which could be recovered only from the husband or from his assets. “There is no law which can directly hold the father-in-law to provide maintenance to the wife,” the NRI man’s father contended.

If the directions regarding payment of Rs 1.25 crore to the woman were not complied within one year, the top court directed the Registrar to take steps within three months and ask her if she would wish the transfer of title to the said premises in her name, or its sale.

“In the event she opts for the transfer, the Registrar Delhi High Court, is directed to take all necessary steps to execute a conveyance deed (under the present directions) to that effect, the sale shall be registered by the concerned authorities, and the applicant shall be handed over symbolic possession,” the Bench ordered. The Registrar shall take all necessary steps to auction the said property in 18 months, if the woman didn’t want it to be transferred in her name, it said, adding “All amounts realized in the process…shall be paid to the applicant (wife).

“The past history of this case, and the orders of this court have demonstrated the utter obduracy of Varun Gopal, who abandoned the wife, and virtually fled to Australia. The present case…has displayed persistent defiant conduct by Varun Gopal, and the petitioner, Mohan Gopal (the man’s father), who have, through one pretext or another stalled compliance with the orders of this court,” the top court said.