Indian Kanoon - NRI matrimonial disputes - LawRato

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Matrimonial disputes have been on the rise ever since and to add to that there are also the disputes between NRI couple being resolved where the couple got married in India and decided to live abroad or used to live abroad and decided to get married in India. Provided both the spouses being Hindu’s, the provisions of the Hindu Marriage govern them even after them settling abroad. Though the couple can submit themselves to the jurisdiction of the Foreign Court and the decisions of such a Foreign Court will be applicable to the couple that has submitted itself and post that getting such an award in India is really difficult as well so if either one of the spouses fleds the foreign jurisdiction and comes back to India then they again have to go through proceedings within the jurisdiction of India. So incase if one of the spouses gets a decree of Divorce against their spouse in a foreign court then the other spouse can come back and challenge such a decree in India on the basis of them being governed by the provisions off the Hindu Marriage Act and thereby going through proceedings in India again.

Also there has been tremendous rise in the cases of Parental Abduction where one of the parent intentionally abducts their child and flees the jurisdiction of the foreign court and comes back to India with their child then since India is not a signatory to the Hague Abduction Convention which provides an expeditious method to return a child internationally abducted by a parent from one member country to another. So the other parent in order to get the custody of the child so abducted by the other parent, has to come down to India and involve themselves in proceedings in India for the same.

Domestic Violence is considered a criminal offence and it has not been made limited by jurisdiction so incase a women suffers any sorts of domestic violence abroad then she can file a case of domestic violence against her husband here in India as well, provided that they were married according to the provisions of the Hindu Marriage Act. By the means of those proceedings running in India she will be liable for a divorce, maintenance, child custody, etc.

Advocate Prabhjit Jauhar can be consulted for further information at https://goo.gl/EXL6Jp or by calling at +91-9599000555.