Jurisdiction on matrimonial dispute

sridhar pasumarthy (Querist) 08 November 2011 This query is : Resolved
Respected experts,
One N.R.I. husband married an Indian woman in India. Both are Hindus and marriage was performed according to Hindu rites and customs.

When a marital dispute arose between them, which law is applicable and which court will have jurisdition?
Either Indian or foreign?

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prabhakar singh (Expert) 09 November 2011
SINCE "Both are Hindus and marriage was performed according to Hindu rites and customs"HINDU MARRIAGE ACT SHALL APPLY AND INDIAN COURTS HAVE JURISDICTION ALSO.BUT PROCEEDINGS MAY BE FILED IN FOREIGN COURTS ALSO.

Sailesh Kumar Shah (Expert) 09 November 2011
The HMA clearly says that It extends to the whole of India except the State of Jammu and Kashmir, and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories.

Shonee Kapoor (Expert) 09 November 2011
Also, if the parties are no longer resident of India, they both willfully can submit to the jurisdiction of the foreign court.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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