Can Indian Court Be Moved After Divorce Decree In The US?

This is the question that Justice Dhingra answered in his landmark judgment just a few weeks ago. The Supreme Court will now decide the answer to this question in a an NRI custody case.

Here is the link to the article by TimesOfIndia

Here is an NRI case that sort of provides an answer: Delhi HC: Beniwal Vs Beniwal 1989

Here is the order from the AP HC:  AP HC Temp Child Custody



4 Responses to “Can Indian Court Be Moved After Divorce Decree In The US?”

  1. 1 Sujan September 29, 2007 at 12:06 am

    It will be interesting to see what Supreme court says


  2. 2 Desi October 10, 2007 at 5:06 pm

    I hope SC will safegauard the rights of desi’s India born (settled in USA and elsewhere), whereby once a marriage takes place in india,under hindu marriage act, no court in the world except the district court in india has jurisdiction, irrespective of the
    curent citizenship/nationality.

    The USA Courts have ignored and continue to ignore the Indian Laws governing marriage and pass orders imposing their jurisdiction.


  3. 3 Mohan August 29, 2012 at 4:53 pm

    Reply to Desi:

    When someone has renounced their Indian citizenship and became citizen of another country, they are submitting themselves to the adopted country’s laws. Why should Indians laws be enforced on them when they are no more indians.

    Because you were born in India and say you are granted Indian driver license and you rent a car in US with your Indian license + IDP, You cannot expect to drive on the left hand side of the road in US.

    One has to follow the local laws or their place of residence.


  4. 4 later January 9, 2014 at 2:12 am

    i totally agree with you. Most of highly (un) educated women misusing the law. When some one file incorrect case then court has dismiss the case and put them in jail and also has to cancel lawyer license for atleast 10 years then things will set right in india.


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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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