Delhi High Court: Maintenance for NRI Marriage Recognised in India

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 Delhi, and had requested consent for divorce proceedings over the phone in Delhi.

The Court discussed whether Indian courts could claim territorial jurisdiction in such cases. While noting that a specific legislative provision could clarify jurisdiction under the Hindu Adoptions and Maintenance Act, similar to Section 126 of the Cr.P.C., which aligns with societal needs, the Court adopted a purposive approach to advance justice.

The Court held that, even applying the general principles of Section 20 of the CPC, the Delhi courts had jurisdiction since part of the cause of action arose in Delhi. The broader question of legislative clarity was left for consideration at an appropriate stage, but justice in this particular case was served by allowing the maintenance claim to proceed in Delhi.

This case highlights how Indian courts can exercise jurisdiction in NRI marriages when a part of the matrimonial dispute arises within India, ensuring protection for deserted spouses.