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(Guest)

Social security benefits in foreign country should not be co

 

social security benefits in foreign country should not be considered while granting maintenance

 
 Yet another question that would arise is if rules of foreign law on the subject of grant of maintenance and Afdc and supplementary benefit would apply in this country. In these days of international participation or the comity of nations as the terms goes (the term no doubt criticised in Cheshire and North ; Private International Law, 11th Edition, at page 4, but defined in the Concise Oxford Dictionary as 'friendly recognition as far as practicable of each other's laws and usages'), it would appear to be rather difficult and even not proper to disregard the rules applicable in the foreign countries merely on the ground that there is no such provision of social security benefit prevailing in this country It means, no doubt treading into the filed of private international law. I think, to do justice between the parties, it is necessary for the court in each case to examine the grant of social security benefits in a foreign country and the rules of law with reference thereto. The question that is before me is likely to crop up in a number of cases and a wife and a child living in a foreign country can well be deprived of maintenance on the ground


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