All Posts

In Sondur Rajini v. Sondur Gopal , the wife filed a petition for judicial separation, custody of minor children, and maintenance  under the Hindu Marriage Act (HMA) . The NRI husband objected, claiming that both parties were citizens of Sweden and not domiciled in India , and therefore the Mumbai Family Court lacked jurisdiction  under Section 1(2) of the HMA. The wife argued that their domicile of origin was India , which she had never abandoned, and that even if the husband

In Indira Sonti v. Suryanarayan Murty Sonti , the plaintiff wife , married in the United States  to an NRI , was deserted by her husband and returned to India. She filed a maintenance suit under the Hindu Adoptions and Maintenance Act . Though the marriage took place in the U.S., the wife contended that part of the cause of action arose in Delhi . She stated that her father-in-law had contacted her father in New Delhi  regarding her marriage, had arranged for her return to De

In Balasubramaniam Guhan v. T. Hemapriya , the Madras High Court  applied Section 13 of the Civil Procedure Code (CPC)  to an NRI marriage  scenario. The wife filed a suit seeking to declare a divorce decree passed by a Scottish court  as ultra vires, illegal, unenforceable, and without jurisdiction , and also sought a consequential injunction  restraining her husband from enforcing the decree, including any claims to marry a second wife. The Court held that if a foreign judg

In Sarita Sharma v. Sushil Sharma , the petitioner husband had filed for divorce in U.S. courts . During the ongoing custody proceedings, where both parties had been appointed as managing conservators  of their children, the wife brought the children to India, allegedly without informing the husband. The husband alleged that the children were in illegal custody  of the wife, and the High Court initially directed Sarita Sharma to restore custody of the two children  to him and