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CHENNAI: Any woman residing temporarily or permanently in India is entitled to seek relief from the court under the law. Domestic Violence Act Even if they Spouse Lives outside the country, Madras High Court said Wednesday. Justice SM Subramaniam The order was issued while dismissing a petition filed by an American citizen, challenging his wife’s complaint of domestic violence against him in a family court in Chennai. “The cause of action arises in India because the victim is domiciled here, even if economically abused by a spouse domiciled in another country,” he said.
The judge refused to accept the husband’s argument that his wife’s complaint should be dismissed because a US court had already passed a separate decree on her divorce petition. And has given her custody of their 15-year-old twins.
“The recognition of decrees and orders passed by foreign courts is an eternal dilemma, because whenever called upon to do so, the courts in this country are bound to determine the validity of such decrees and orders. CPC“Foreign courts to take a particular view on any aspect relating to the welfare of a minor is not sufficient for the courts of that country to consider the matter independently,” Justice Subramaniam said.
Referring to a division bench of the same court handing over children to their fathers, Justice Subramaniam said, “Forcibly handing over children to their fathers would cause psychological damage, and minor boys would not be in that position. A peaceful life in the absence of a mother.”
The judge said the children should be given due consideration because they were “adult minors” and granted interim custody to the mother.
The judge refused to accept the husband’s argument that his wife’s complaint should be dismissed because a US court had already passed a separate decree on her divorce petition. And has given her custody of their 15-year-old twins.
“The recognition of decrees and orders passed by foreign courts is an eternal dilemma, because whenever called upon to do so, the courts in this country are bound to determine the validity of such decrees and orders. CPC“Foreign courts to take a particular view on any aspect relating to the welfare of a minor is not sufficient for the courts of that country to consider the matter independently,” Justice Subramaniam said.
Referring to a division bench of the same court handing over children to their fathers, Justice Subramaniam said, “Forcibly handing over children to their fathers would cause psychological damage, and minor boys would not be in that position. A peaceful life in the absence of a mother.”
The judge said the children should be given due consideration because they were “adult minors” and granted interim custody to the mother.
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