Indian Jurisdiction In NRI Marital Disputes If Marriage Took Place In India, Rules Mumbai Court

Mumbai: Even if a married couple settles abroad, Indian courts retain jurisdiction over their disputes if they were married in India, a Metropolitan Magistrate Court at Girgaon has ruled while allowing a doctor mother to retain custody of her five-year-old son.

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The woman had sought protection, maintenance, and custody of the child under the Protection of Women from Domestic Violence Act, 2005, against her doctor husband. The couple married on June 20, 2011, as per Hindu Vedic rites in India and later settled in the USA, where their son was born.

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The wife alleged that her husband subjected her to verbal, physical, emotional, and economic abuse. She filed a criminal complaint in the USA, leading to his arrest and release on bail. The Rhode Island Family Court granted her an ex-parte protection order and custody of the child. She later returned to India with her son and sought relief, fearing further threats.

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The husband argued that the allegations were exaggerated. He claimed the wife brought the child to India without his consent, violating US court orders. He contended that parallel proceedings in India were not sustainable.

Rejecting the husband’s jurisdiction challenge, the court observed: “The applicant and the respondent seem to have litigated before the Court in the USA. However, their native country is India where their relationship culminated into marriage. The applicant is reportedly in India with her minor son. Prima facie recognition of the custody of the child can be considered.”

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The court noted ongoing allegations and counter-allegations indicating “prima facie influence of emotional and mental abuse.” It added: “Hence, there is prima facie conclusion of emotional abuse which would indicate necessity to protect the applicant.”

The court restrained the husband from committing any act of domestic violence and allowed the mother to retain custody of the son.

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