Even if no longer Indian citizen, divorce only under Hindu Marriage Act if married under it: Bombay high court
Shibu Thomas, TNN| Sep 1, 2014, 04.50AM IST
MUMBAI: 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. The daughter too is a UK citizen. “The Court at London is not the competent court of jurisdiction to decide the issue of dissolution of marriage between two Hindus married in India as per the Hindu Vedic rites,” observed the judges.
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.
“Once the provisions of Hindu Marriage Act apply, they would continue to apply as long as the marriage exists and even for the marriage’s dissolution. The Hindu marriage gives rise to a bundle of rights and obligations between the parties to the marriage and their progeny,” added the court.
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. It pointed out that the Bandra court had passed its order before the London court and the former would take precedence. It also said that the child’s welfare would be paramount, more than the couple’s legal rights.
“The minor is a 3.5-year-old girl. It is doubtful if Ranade will be in a position to take better care of a girl child so young. On the other hand, Seema, who is in India, has the support of her sister, mother and other relatives who can help her in looking after the child,” said the HC. It said the child was brought to India, where its mother tongue is spoken and where the social customs are the same as her parents’.
Seema and Ranade married in 2009. The same year he became a UK national, while Seema got her citizenship in 2010. Their daughter was born in 2010. The couple started staying separately in 2011 and Seema returned to India the following year with her daughter and filed a petition seeking divorce. The HC stayed its orders for five weeks to enable Ranade to file an appeal.
(Names changed to protect the couple’s identity)
http:/ / timesofindia.indiatime s.com/india /Even-if-no-longer- Indian-citi zen-divorce-only-under-Hindu-Marriage-Act-if-married-under-it -Bombay-high-court/a rticleshow /41392121.cms