Foreign court can`t decide divorce plea |
A foreign court does not have the jurisdiction to decide matrimonial matters of a couple who have Indian domicile and are governed under the Hindu Marriage Act, even if the parties were at the time residing in a foreign nation. The Bombay High Court`s division bench recently quashed and set aside a Dubai court`s order allowing a divorce petition filed by an Indian man residing there. The high court was hearing an appeal (petition) filed by the man`s wife, challenging an order passed by a family court in Mumbai dismissing her plea seeking maintenance for herself and her two children. The family court, while dismissing her plea, observed that the Dubai court has already adjudicated the matter and granted divorce to the parties. However, the high court, after perusing the facts of the case, opined that both the parties (husband and wife) are Indian citizens and there was no material to endorse the claim of the husband that they have domiciles of Dubai. The bench accepted the wife`s contention that she had neither submitted nor consented to the jurisdiction of the Dubai court to adjudicate the matter.
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