Hindu Marriage Act 1955 amended 2010 suggestion

PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE

INVITES SUGGESTIONS ON THE MARRIAGE LAWS (AMENDMENT) BILL, 2010

Really welcome & appreciate Hindu Marriage Act amendment 2010.

Grievances as under; I am not lawyer but as highly educated businessman  & have deep experience of one unique historical divorce case based on international law for jurisdiction / domicile of wife after marriage etc. issue in Gujarat High Court some years back, where I was from wife  immediate relation who filled this divorce petition. Though the below suggestion / grievances may not be as per your present H M Act amendment 2010 for which you have issued Public Notice but the below issues and matter should be taken up seriously for necessary amendments in Hindu Marriage Act [1955]. H M Act 1955 amended was formed followed by British Laws. British Law already amended as far as place of marriage & domicile & citizen & place filling of divorce petition factors considered. So it is very high time to amend H M Act 1955 more liberal. Kindly consider the below necessary amendments if not done or not covered in this present 2010 amendment.

1. Now Hindu Boys & Girls migrate to foreign countries to USA, UK, Australia & other countries. Where they either get Permanent Residency or Citizenship. So in this H M Act amendment 2010 & Special Marriage Act amendment 2010 the factors to file divorce petition from either of the affected parties should be liberties. Husband / Wife can file divorce petition from the country he / she resides in that country court. Not necessary to file divorce petition in India as marriage solemnized in India and both are Hindu.

2. Request to amend Hindu Marriage Law amended 2010 should also liberties with International Law so no party can suffer and get liberty to file divorce suit within the country he / she reside permanently.

3. I have come across divorce case from our family. Short case detail as under; Boy Brahmin from Kenya-Nairobi Having British Passport irl Brahmin from Ahmedabad Having Indian Passport & Citizenship Place of Marriage: Ahmedbad Marriage Regd. as per H M Act 1955.

After two years girl came back from Nairobi & filed divorce petition in Ahmedabad local court. Now the plea from Boy side was the first Preliminary issue that Indian Court has no Jurisdiction for admitting Divorce Petetion of Girl as Boy is British Passport Holder.

However after long legal fight in lower court & then high court Girl received divorce & marriage null and void.[ due to other evidence of previous marriage of boy was not dissolved legally] The HC judgment was published in AIR and was mentioned that this was the first historical judgment in Gujarat High Court Case.

4. Request to make easy as far as jurisdiction is concerned and should be clarified in detail as now lots of boys & girls going overseas, study and marry and stay permanently in other countries then India.

5. I have experience lots of sub clause to amend in H M Act 1955 to amend like jurisdiction, domicile, citizen, place of filling divorce petition either from place of marriage in India or from where person residing permanently in other country court etc. and not to adhere to old British Law, even British Law already amended but we have not amended H M Act Law 1955. 

6. I was the sole witness in above referred divorce case in Ahmedabad lower court and then High Court from Girl side being relative, as that was simple case of cruelty & adultery from her husband side but case took turn in legal battle of Jurisdiction, domicile of the wife after marriage, citizen ship of Boy etc. so case was  given judgment after 8 years due to this legal confusion not cleared & amended in H M Act 1955. From our Counsels pleading I noticed all above suggestions to take notice by your good selves and to do needful when Bill going to amend 2010 which will be great relief to many Indian young couples..