Pune court executes US court decree for property transfer

A Maharashtra court has executed a decree (order) granted by a US court for dissolving the marriage of an elderly couple, and permitted the husband to transfer a jointly owned flat in Pune in his name.

The 81-year-old man and his 64-year-old wife, both NRIs, had approached the Superior Court of California in 2015 seeking for their marriage to be dissolved.

In July 2015, the US-based court dissolved the marriage and allowed their properties to be divided as per their settlement agreement.

One of the couple's jointly owned property was in Pune. As per the settlement agreement, the wife relinquished her rights to the flat.

The man last year approached a civil court in Pune, seeking execution of the decree passed by the US court.

"We had sought the Pune court to declare the decree passed by the California court as its own so that orders pertaining to the property in Pune could be executed and enforced," the man's lawyers, Advait Sethna and Ruju Thakker, said.

In support of the application, the husband submitted to the court a letter issued by the Magarpatta Township Development and Construction Company Limited giving its clearance for transferring the flat in the man's name.

Civil judge V P Phadnis on January 11 passed an order holding that the judgement passed by the court in California was executable in India, and permitted the man to take steps in accordance with law to transfer the flat in his name.

"In view of the judgement (of the US-based court) and the letter, it becomes clear that the husband is entitled to the ownership rights over the said flat, in accordance with the laws, rules and regulations followed in India," the court said in its order.

"It is clear that the said judgement/decree is executable in India," the judge said.