‘Foreign nationals can also approach court in case of domestic violence’- Chennai HC

Madras High Court: The Madras High Court gave great relief to the people living temporarily in India. In one of his important decisions, he said that the rules of India and the decisions of the judiciary will apply to any citizen living temporarily in India. The court made this comment during the hearing of a case related to domestic violence.

A single bench of the Madras High Court, while hearing a domestic violence case of an American couple, held that even non-Indian residents can approach the court for justice under the Domestic Violence Act, 2005, without the rule that the petitioner Whether a citizen of India or not.

What is the whole matter?
An American citizen in Chennai sought quashing of the domestic violence complaint filed by his wife in the court. In her plea, she had argued that she had obtained an ex parte decree of divorce as well as custody of her teenage twins from the Circuit Court in Fairfax County in the US, hence the case against her could not be heard.

What did the court say?
Hearing the petition, Justice SM Subramaniam said that Indian courts cannot stop independent consideration of the matter just because a foreign court has given a different decision on the matter.

The court said, since this marriage has taken place in Chennai and it has been registered under the provisions of the Hindu Marriage Act, 1955, it will give protection to the former petitioner in this matter. He said that under Section 27 of the Hindu Marriage Act, protection is given to those people who are temporary residents of India.

He said that Article 21 of the Constitution of India extends this protection to a person also, according to which a person may not be a citizen of the country but has the right to get judicial protection. The court further said that looking at this perspective, the victim is also entitled to protection under the Domestic Violence Act 2005.

‘Judicial consciousness does not allow’
Justice Subramaniam said that the facts and circumstances showed that the mother as well as the son had returned to Chennai and were not interested in living with the father, adding that the children could not be forcibly sent back to the US. .

Justice said that practically if those children after going to US, happened to be on the street for any reason then the conscience of this Court does not allow such a decision to be taken, because according to the Constitution of India the petitioner should be protected .

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