indian marriage jurisdiction

NA

The Indian marriage duly registered in India gives jurisdiction to the Indian courts for adjudicating any disputes between the parties including divorce.

 

Now my question is what if the Husband is permanent resident of a foreign country or later takes up citizenship of foreign country and his marriage is not registered and woman is living in India.In this case the foreign country cannot disolve the marriage as it was not registered.Then how can the marriage be dissolved ? How can Indian court take this case when husband is out of countries jurisdiction ?

 
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NA

I was just going through the Hindu Marriage Act No. 25 of 1955 which states

 

It extends to the whole of India except the State of J&K (which was changed to the act has been made applicable to the State of J&K by the J&K Hindu Marroiage Act 1955.

And applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories.

 

Now in the above statement the language is not clear and one can take many meaning and the word territories is not clearly definied here.If a Hindu domiciled in Timbaktu how ca this Act extend.Why the law does not clearly use word like it also extend outside India.

 

Could anyone please interpret above statement about HMA.

 
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lawyer

AS THE MARRIAGE WAS HELD ACCORDING TO HINDU RITES THE ONLY VALID AUTHORITY TO DISOLVE IT IS INDIAN COURT.

IF YOU WILL GET THE DECREE FROM FOREIGN COURT FOR FACILITATING YOURSELF FOR RE-MARRIAGE, NO DOUBT THEY WILL PASS, IT WILL BE NOT VALID IN INDIA. AND WHEN U WILL LAND IN INDIA WITH NEW SPOUSE THE PRIVIOUS PARTNER WILL GET YOU CAUGHT.

 
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www.Mehnat.IN

Any marriage solemnised in India can be dissolved by Indian courts.

www.mehnat.in

 
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In my opinion;

 

The Act is one of 'Personal Laws for Hindus', it goes with the person wherever the person goes. In other words, if a person is a Hindu then whether he be a resident/citizen of any country, where the Act does not extend, the dispute still will be decided according to provisions of this Act. Foreign Court of which the person is resident/citizen can decide the case according to provisions of the Act. The Foreign Court in whose jurisdiction the person resides, can dissolve the marriage even if the marriage is not registered. Because in such case, presumption of marriage will be applied.

 

Indian Court can take cognizance if one of the parties is Indian Citizen.

 

Meaning of 'said territories..' is where the Act applies, i.e. 'whole of India except Jammu and Kashmir'.

For better understanding, you can read it as: And applies also to Hindus domiciled in the territories to which this Act extends who are outside the territory of India.

 

Means, as this is a personal law, it extends at all such places where Hindus have been domiciled but are outside the territory of India. The Act will be applicable on such Hindus also.

 
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LEGAL CONSULTANT

Dear Sir,

Since your marriage was solemnized in India, Indian Court has got jurisdiction to decide the matter pertaining to your marriage irrespective of your foreign citizenship. However, if you had last resided with your spouse in any foreign Country  which is not alien to India, then any decree passed by the competent Court in that Country after following due process of law will be considered to be a valid decree in India so far as your marriage is considered.

 

http://jeevaganadvocate.com/

 
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lawyer

I DO NOT AGREE WITH ADVOCATE JEEVANGAN

 
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lawyer

 

Court to which petition shall be presented-

Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction -

(i) the marriage was solemnized, or

(ii) the respondent, at the time of the presentation of the petition, resides, or

(iii) the parties to the marriage last resided together, or

2[(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or;]

(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those person who would naturally have heard of him if he were alive.]

_________________________

 
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LEGAL CONSULTANT

My opinion is in terms of S.13 of civil Procedure Code and the ratio laid dawn by the Apex court of India in the case of Y.Narasimha Rao and others. Ld. Counsel disputing with my opinion may kindly go through the above provision of law as well as the various precedents of various High courts as well as the Apex Court of India.

http://www.jeevaganadvocate.com/

 
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