High court decides on divorce petition on Foreign Nationals


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KumarM   
Member since: Jan 09
Posts: 881
Location:

Post ID: #PID Posted on: 13-07-10 12:10:06

July 12: The Madras HC has held that a woman can file a divorce petition under the Hindu Marriage Act in any part of the country, wherever she resides, even if her husband is a foreign national having his domicile outside India.

Dismissing the appeal from R. Sridharan, husband of actor Sukanya, to prohibit the family court in Chennai from proceeding with her divorce petition, a division bench comprising Justice Elipe Dharma Rao and Justice K.K. Sasidharan directed the family court to decide the petition within two months.

Sukanya married Sridharan, an Indian who later obtained US citizenship, in 2002 in accordance with Hindu rites and customs at a New Jersey temple. In 2003, she came to India and later filed for divorce.

Though Sridharan contended that the Chennai court had no jurisdiction as he was a US citizen and permanent US resident, the high court held it was immaterial.

http://www.deccanchronicle.com/chennai/hc-makes-filing-divorce-plea-easy-305
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This is interesting. Spouses can go back for a visit and file for a divorce even if the other one is a foreign national.



imate1   
Member since: Feb 10
Posts: 220
Location: Malton

Post ID: #PID Posted on: 13-07-10 17:29:05

The Madras High Court earred in law by passing this order. There is no territorial jurisdiction in the present matter. Neither the marriage was solemnised in India nor the couple lived together as husband and wife in India after the marriage.
This order is bound to be set aside and is not going to be good law.





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