Australian national moves Madras HC against validity of court order

An Australian national has moved the Madras High Court, challenging the validity of the jurisdiction of a Magistrate court in trying a criminal case, involving foreign nationals, without the consent of the Centre. Petitioner Kamakshidasan submitted that the Metropolitan Magistrate Court, Saidapet, without trying the jurisdiction issue, had passed an interim order, directing him to pay Rs 30,000 as a compensation to his wife, though both of them and their two children are Australian nationals. ‘Being Australian nationals, the petitioner and respondent can be covered only under the Australian laws as applicable and hence the Magistrate in India has no jurisdiction to try any matter,’ he submitted. Assuming that the court could try the case on the ground that the alleged crime took place in India, the court has to necessarily obtain the consent of the Central government to try any matter against foreign nationals, he contended. Without ascertaining the facts, the Magistrate court, on a complaint by his wife Sripriya, under the domestic violence Act, directed the petitioner to pay Rs 20,000 for the maintenance of two children and Rs 10,000 towards rent. Admitting the petition, Mr Justice K Mohan Ram ordered issue of notice to Ms Sripriya. The matter is likely to come up for hearing on December 10.

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