Webinar

indian courts can decide nri couples matrimonial rows: sc

service

Indian courts can decide NRI couples' matrimonial rows: SC

 

Indian courts have jurisdiction to deal with custodial disputes of minor children even if a foreign court has passed an order in favour of either of the parents, the Supreme Court has ruled in a matrimonial dispute of an NRI family.

 

A bench of justices V S Sirpurkar and T S Thakur said in a judgement said that simply because a foreign court has passed an order, Indian courts cannot "abjectly surrender" to it and shirk its duty of deciding the dispute.

 

"Simply because a foreign court has taken a particular view on any aspect concerning the welfare of the minor is not enough for the courts in this country to shut out an independent consideration of the matter. Objectivity, and not abject surrender, is the mantra in such cases," Justice Thakur, writing the judgement, said.

The apex court passed the judgement while upholding an appeal filed by Ruchi Majoo challenging a Delhi High Court judgement that Indian courts have no jurisdiction under the doctrine of "comity of courts" to entertain any petition if a decree or order has already been passed by any foreign court.

A superior court in California had issued a red corner notice against Ruchi in a suit filed by her estranged US-based husband Sanjeev Majoo who had alleged his wife had fled with their minor son to India despite a decree by the US court granting him custody of the child.

The couple were living with the kid in the US before she returned to India in 2008. A Delhi court had on Ruchi's application granted her custody of the child under the Guardians and Wards Act.

 

 

Source : http://www.indianexpress.com/news/indian-courts-can-decide-nri-couples-matrimonial-rows-sc/791624/

 


Total likes : 1 times

 
Reply   
 

good informatin! where can we find that judgment. I mean in which journal it is reported. 

 
Reply   
 



IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICITION

CIVIL APPEAL NO. 4435 OF 2011

(Arising out of SLP (C) No.9220 of 2010)

Ruchi Majoo ...Appellant Versus

Sanjeev Majoo ...Respondents With

CRIMINAL APPEAL NO. 1184 OF 2011

(Arising out of SLP (Crl.) No.10362 of 2010) J U D G M E N T

T.S. THAKUR, J.

Dear Sister, 

It is latest judgement of our Apex Court so wait a while for its reporting particulars, however you can find the judgement in Supreme court site details of which already ginen.

Yours truly

T N Saxena, Adv E-mail: tns_ciaa@sify.com

 
Reply   
 
Advocate

@GNR Sharama this  Judgment is useful in- Mrs Aparna - USA Case- referred by you - inform her


Total likes : 1 times

 
Reply   
 

Dear Sir! I have posted a mail to Mrs. Arpitha. Thankyou for reminding. 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

  LAWyersclubindia Menu

Join the MasterClass     |    x