NRI woman challenges US court order in apex courtMay 27th, 2008 - 11:54 pm ICT by admin
New Delhi, May 27 (IANS) A non-resident Indian from the US has challenged in the Supreme Court a New Jersey state court’s order that grants her former husband the right to meet their daughter. A vacation bench of Justice C.K. Thakkar and Justice L.S. Panta Tuesday heard the plea in the form of a lawsuit by Nandini Choudhuri, currently based in Kolkata, who is a US citizen.
Admitting the petition, the apex court bench issued notice to her former husband Rana Roy, currently living in New Jersey.
Choudhuri and Roy were married a decade ago while staying in the US and their daughter was born seven years ago.
But the marriage soured and the couple were divorced as per the New Jersey court’s order, which also granted the child’s custody to the mother. It, however, gave Roy the right to visit his daughter.
Choudhuri last year returned to Kolkata to meet her ailing father.
Meanwhile, Indian laws were amended allowing expatriate Indians of certain countries, including the US, dual citizenship and enabling them to enter India without visa and stay here for a longer period.
Apparently availing these legal provisions, Choudhuri did not return to the US. She got the child admitted to a school in Kolkata and continues to live there.
Roy, on the other hand, moved the New Jersey court, seeking enforcement of his right to visit his daughter.
The New Jersey court heard Choudhuri as well and eventually ordered her to fly their daughter to New Jersey at Roy’s cost and let him meet her.
Choudhuri challenged the New Jersey court order in the Calcutta High Court, which upheld it and ordered her to visit New Jersey along with the child and let Roy meet his daughter there.
Roy had agreed to bear the travel cost of Choudhuri and his daughter and their lodging and boarding expenses in New Jersey.
Choudhuri has now approached the Supreme Court, challenging the high court order and also that of the New Jersey court.