prince isac (advocate) 27 December 2009

Jurisdiction

Husband is a citizen of US by birth. Wife is a citizen of India. Both are Hindus by religion. Marriage took place in India. After the marriage both the husband and wife resided together only in US and never stayed in India. Can the wife file a petition for divorce and maintainance in India under the grounds of cruelty cruelty?. How far the husband answerable? Since he is not a citizen of India, is Hindu Marriage Act applies to him?. If Hindu Marriage Act does not apply to the husband as he is the citizen of US, then what is the remady for the wife? Where is she suppose to file her petitions?

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4 Replies

Suchitra. S (Advocate) 27 December 2009

Sir, wife can file a suit for divorce in India as the marriage took place in India and both are Hindus..

(Guest)

Husband is a US citizen and wife is a Indian. As both are living in US she has to file divorce in US. As per the US laws wife will get maintanence. If husband stays in India / his short visit india she can lodge a complaint with police in India and can file case in Indian court.

subhash kumar (advocate) 28 December 2009

Indian court has jurisdiction to decide the divorce petition. the wife can file the divorce petition in indian court in whose jurisdiction the marriage solemenized .

Subhash kumar, adv

Hardik Mehta (Family Counsellor) 29 December 2009

Prince,

The wife will get the divorce, possibly the ex-parte divorce if the husband does not contest the case. There is no jurisdiction over the husband since he is in US and the citizen of US. There will not be any impact on him. She cannot file the case in US couts since this will led to res-judicata.