Can a Indian High Court order an NRI husband to not to take any legal course abroad, as the wife has already filed a divorce case against him in India?
hisifybird (retd) 25 April 2009
Can a Indian High Court order an NRI husband to not to take any legal course abroad, as the wife has already filed a divorce case against him in India?
Swami Sadashiva Brahmendra Sar (Nil) 25 April 2009
No court can pass an order restraining a person to knock the door of another court. however the foreign court will not proceed further , when it is disclosed that a case is already pending in India .
n.k.sarin (advocate) 26 April 2009
AGREED
Swami Sadashiva Brahmendra Sar (Nil) 26 April 2009
Dear prabhakar ji !
sifybird has not stated his religious status. however, as you presumed him as hindu, here the question of applicability of HMA to a foreign court does not arise. in my opinion s. 1(2) or s. 2(c) is not relevant here and s. 19 which provides about jurisdiction of court , is also of no avail here.
nither it is necessary for a court nor a court has jurisdiction, to pass an order restraining a person from filing a suit. it could not be possible even if action would have been apprehended in india.
Swami Sadashiva Brahmendra Sar (Nil) 26 April 2009
in other words no court can entertain an application or pass an order without there being a cause of action.
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