Which is the right Jurisdicion for the parties?

Addendum

8. Both children were even born in Canada.

Does Indian Courts have jurisdiction:

In what capacity they are staying in India? Visitor VISA? If so, Indian Court can not acquire jurisdiction.

Dear Dr.Arun, your query is not for child custody but matrimonial dispute between the spouses. Now under the circumstances which countries that is Canada or Delhi has the closet concern with the well being of the spouces is the line I am taking up in your query? The modern theory of conflicts of law recognises and, in any event, prefers the Jurisdiction of the State which has the most intimate contact with the issue arising in the Case. Jurisdiction can not be set up only by assumption as that will encourage forum shopping rather it should be on functional lines that is the law of the place that has the closet concern and the well being for the spouses, and in the present case the court in Delh will have jurisdiction. The reasons being that the marriage was as per Hindu law though solemnized in Canada and they are residing in Delhi after marriage and hence Jurisdiction will be that of Delhi. But Dr.this is my personal views only, so lets wait what other members have to say on this important and interesting query.

Dear Mr. Arun Kumar

The facts of the case presented by you is very similar to the case I have attached herewith.

Best regards,

Sh Shonee,
Kindly note they are PIO and if you recall there is a live case in GGN where a American Father is fighting  for his son's custody and interesting part is Son is a American passport holder and case is in DDN Court whereas in this quoted case mother is daughter of retired ASJ of Ranchi Court and residing with child in Ranchi. American father is ordinarily resident of DDN jurisdiction post returnign back form USA but now gainfully employed in GGN.

Sh. Assumi ji,
You guesed right it is not related to child custody as mothe ris certified BPD and under psychiatrist care and under medication. Children have been sent to Boarding school for harmony reason. I fully understand the Commity of Law and have read few reasoning of Apex court but all of them point to foreign courts havign jurisdiction in such situation (bear it that if a case is file din Indian shores then the question of Commity of Law appears and not the other way round - right na). I would be at this stage more intereste din understanding the word phrase "OR" mentioned in S. 19 HMA including last Amendment. If ld. members can
can through light on interpretation of word "OR" appearing in S. 19 HMA then nothing like it for self understanding and your kind self rightly pointed to wait for other ld. members comment on this issue.
Rgds.

Dr. Sa'ab,

One essential diffirence in both the cases, in the case where the Mom is locked in custody battle with American husband. The apex court is deciding jurisdiction, where one of the parents is Indian.

Here both parties are PIO. That is why I asked which VISA they are on. Just because they are in India on vacation does not mean that Indian courts would acquire jurisdiction to dissolve the marriage.

Regards,

Shonee Kapoor

Sh. Shoone ji,
That is the mute point here which I want clarification for my own understanding.
I said so in my first mail too that Indian Courts have no Jurisdiction but then Sh. Assumi ji pointed to pecuniary aspect of law - "modern theory of conflicts of law" so I am waiting for more clarity on this aspect to help the couple resolve their issues and inturn let the children get security / their welfare in future too is my main interest here.
However, thank you, Sh. Assumi ji  n Sh. Krishnaa for colly. inputs.
Rgds.

Dear Dr.Arun, I can humbly say that your query is suffocating query.

he he he.....
Sh Assumi ji "when point of law is questioned a person tries to wriggle his/her way out somehow is my immature belief" and believe me after a very long time I enjoyed a good laugh reading to your above humble pointer.
I close this query and throw in a "AXE spray refreshing breather now"
:-))))))))))
Enjoy your evening Sir.
With rgds.

Arun ji, 

If your marriage perfomed at Canada under Hindu rituals like, Saptapadi; Exchange of garlands etc., then the marriage attracts The Hindu Marriage Act, and as on the principals of last residence, the Delhi court has the jurisdiction.

If the marriage performed at Canada under any marriage act of Canada, then if you both agrees, Delhi court may try it.

If you feel Delhi court has no jurisdiction to try it, you may take objection under cpc. A court can not try a case without jurisdiction. But you have to raise objection at the trial court only. Higher court will not here this objection. Please check sec 9 to 24 for the purpose of jurisdiction. Thanks.

Please check sec 9 to 24 of cpc for the purpose of jurisdiction. Thanks.