Citizens' Issues
Divorce can be executed only under the law by which marriage was instituted: Bombay HC
Disputing a London Court's competence to hear a divorce case related to a marriage under Hindu Personal Law, Bombay HC says domicile at the time of marriage should decide jurisdiction and not domicile at the time of initiating divorce
 
Once a couple marries under the Hindu Marriage Act, they can only get a divorce under the same law even if they are no longer Indian citizens, the Bombay high court has held. Hearing a petition filed by a man against his wife, both British nationals of Indian origin and doctors, a division bench of Justices Vijaya Kapse Tahilramani and V L Achliya recently upheld a family court order granting interim custody of the couple's 3.5-year-old daughter to the woman. 
 
Dr Seema Deshpande, who had come back to India with her daughter in 2012, had filed a petition before the Bandra family court seeking divorce and the child's custody. Dr Vinod Ranade, her husband, claimed that a London court had ordered the child's return to the UK.
 
Ranade's lawyers had claimed that since all three were UK citizens, their domicile was in that country. The HC, however, said that prima facie the wife seemed to have returned to her original domicile in India. The court said that Ranade could submit evidence on domicile before the family court. It also pointed to Supreme Court judgments that held that the domicile at the time of marriage and not at the time of initiating legal proceedings would matter. The HC refused to disturb the family court order granting interim custody to Seema. 

 

 

User

COMMENTS

N Kanitkar

3 years ago

I think the judgement is in completely wrong as well as biased. Just imagine someone who settles in the US after getting married in India would need to come back to our "exceptionally fast " marriage courts after 20 years.

Secondly, the decision to grant custody of the child to the woman is as vintage as our law itself. Judges and people we have moved on. There are responsible fathers and irresponsible mothers too.

The family courts in India are terribly biased in favor of the woman and rarely or not at all ascertain fact before passing judgement.

Judges are from the very same society that they mirror and should not pass judgement based on their compass.

Wills: HC Strikes Down Policy Discriminating against Married Daughters
The Bombay High Court has struck down a discriminatory state policy that prevented ‘married daughters’ from seeking transfer of a retail licence previously held by a deceased family member. A division bench, of Justices AS Oka and AS Chandurkar, said that the explanation provided by the state government for continuing with the policy had no logic and that the rule was against certain articles of the Constitution.
 
A woman had moved the court after her retail licence to run a kerosene supply shop was cancelled by the government following a complaint by her brother. The married woman, had applied in 2007 for transfer of a licence owned by her deceased mother. The request initially was granted and the permit was transferred in her name. However, her brother challenged the decision, saying that she was not eligible for the licence as she was married. Officials withdrew the permit in 2009.
 
The judges observed that the policy was against Article 14 (equality before law), Article 15 (prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) and Article 19(1)(g) (practise any profession, or to carry on any occupation, trade or business) of the Constitution.

User

Stocks- Inform Clients on Website To Update Details: SEBI to Brokers
Capital market regulator SEBI has asked stock-brokers to use their websites to inform clients on updating of email addresses and mobile numbers. The directive comes after recent instructions to the trading members to obtain and update the mobile numbers and email-ids of their clients who have transacted during 2014-15, in UCC (unique client code) database.
 
For this purpose, “the Securities and Exchange Board of India (SEBI) has advised that trading members having their own websites should display on their websites... Ticker message for their clients,” a BSE circular said.

User

We are listening!

Solve the equation and enter in the Captcha field.
  Loading...
Close

To continue


Please
Sign Up or Sign In
with

Email
Close

To continue


Please
Sign Up or Sign In
with

Email

BUY NOW

The Scam
24 Year Of The Scam: The Perennial Bestseller, reads like a Thriller!
Moneylife Magazine
Fiercely independent and pro-consumer information on personal finance
Stockletters in 3 Flavours
Outstanding research that beats mutual funds year after year
MAS: Complete Online Financial Advisory
(Includes Moneylife Magazine and Lion Stockletter)