|
|
|
|
|
Tuesday, July 13, 2010 (16:20:35) |
| Tags : Woman, Divorce, Madras HC, Hindu Marriage act |
Woman can get divorce even if her husband is abroad |
|
|
|
|
|
|
|
| Chennai, July 13: The long pending divorce cases is now a thing of past as the recent ruling of Madras Court clearly stated that a family court in India had jurisdiction to carry on with the matrimonial litigation even though the husband is a citizen of a foreign country and resides abroad.
Referring to the change made in Section 19 of the Hindu Marriages Act, which is extended to outside India the division bench stated that the wife can apply for divorce and redress her grievances before the local court even if the husband is residing outside the country.
The judges were dealing with the case of film actor R Sukanya and her husband R Sridharan. Sridharan is an American citizen who married her in April 2002 adhering to the Hindu rites and customs. Their marriage had taken place at Balaji temple in New Jersey in the US.
After returning to India, Sukanya started acting and later filed a divorce petition in 2004. As her husband was in US, he did not attend the proceedings. However, the family court granted her divorce from one side.
Sridharan later filed a petition in the High Court to restrain the family court from hearing since court in India had no jurisdiction to take up the matter involving American citizens.
The judges dismissed Sridharan's claims asserting that the proceedings for divorce have to be made under the Hindu law since the marriage was made under the same law. The judges made it clear that wife is entitled to file a matrimonial petition before a district court in whose territorial jurisdiction she is residing. |
|
|
|
|
|
|
|
|
|
| Post your comment |
|---|
| |
| | Reader Comments |
|---|
|
|
|
|
|
|
|
Email Story
Write to the editor
Print Story