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ARTICLE AD BOX
NEW DELHI: An Indian-origin Austrian citizen, Tina Khanna, separated from her hubby Nitin Ahluwalia, an Australian citizen, and took their kid successful 2013 to Austria, wherever the antheral won the litigation for the child's custody.
In April 2016, helium was granted divorcement by an Australian court.As a classical illustration of misuse of IPC Section 498A by women, flagged galore a clip by the Supreme Court, Tina successful May 2016 lodged a ailment with SSP, SAS Nagar, alleging dowry demands and carnal and intelligence torture. Nitin moved Punjab and Haryana HC seeking quashing of the FIR, but his plea was rejected. He moved SC, which successful Dec 2017 stayed proceedings connected the FIR.Nearly a decennary aft the FIR was lodged, a seat of Justices Sanjay Karol and Prashant Kumar Mishra has quashed the FIR and criticised the woman's conduct.Writing the judgement and regretting the nonaccomplishment of mediation attempts betwixt the parties, Justice Karol said, "We are disappointed successful the deficiency of foresight shown by some parties, peculiarly erstwhile it comes to the well-acknowledged ill-effects of continued, strained and hostile narration betwixt the parents connected a young child." "In this case, the kid was calved successful Sept 2012, and the parents person been successful litigation from the clip erstwhile she was not adjacent a twelvemonth aged to the time this judgement is delivered," helium said.
Tina's counsel argued that arsenic India was not a signatory to The Hague Convention connected the Civil Aspects of International Child Abduction, 1980, the decree passed by the courts successful Austria request not beryllium considered by the SC.The seat took enactment that Tina had filed the FIR a period aft the Australian tribunal granted divorcement connected Nitin's petition arsenic the mates were separated for 3 years. It said the FIR appears to beryllium a counterblast arsenic Nitin had 2 orders successful his favour -- courts successful Austria ordering Tina to bring the kid backmost to Australia and the different by the courts successful Australia accepting Nitin's plea for divorce.SC said though Tina argued earlier Austrian courts amended acquisition facilities were the crushed she shifted her girl to Austria from Australia, it was recovered she had been surviving successful India successful the past years and did not comply with directive to instrumentality the girl to Australia. Assessing that FIR painted a representation that was acold from truth, SC said play of dowry and cruelty allegation play noted successful FIR was beyond day of divorcement granted by the Australian court.
