CHENNAI: Any woman living in India is entitled to temporary or permanent relief from the court of law domestic violence act even if he Husband or wife Lives outside the country, Madras High Court Said Wednesday. justice SM Subramaniam The order was issued while dismissing the petition filed by an American citizen, challenging the domestic violence complaint filed against him by his wife in the Chennai family court. “The cause of action arises in India because the aggrieved person is living here even though she has been financially abused by the spouse living in another country,” he said.
The judge refused to accept the husband’s contention that his wife’s complaint should be dismissed as a US court had already passed an ex parte decree on the divorce petition filed by her and she was granted custody of her 15-year-old son. The custody of the twins was given.
“The recognition of decrees and orders passed by foreign courts remains 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, which are Keeping in view the provisions of CPCJustice Subramaniam said, “The mere taking of a special view of the foreign courts on any aspect relating to the welfare of the minor is not sufficient to bar the independent consideration of the matter by the courts of this country.”
Quoting a division bench of the same court which had awarded custody of children to the father, Justice Subramaniam said, “Forcibly handing over children to their father will cause psychological harm, and minor boys will not be in a position to lead a peaceful life in the absence of their mother.” “
The judge said that due consideration should be given to the children as they were “mature minors” and granted interim custody to the mother.
The judge refused to accept the husband’s contention that his wife’s complaint should be dismissed as a US court had already passed an ex parte decree on the divorce petition filed by her and she was granted custody of her 15-year-old son. The custody of the twins was given.
“The recognition of decrees and orders passed by foreign courts remains 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, which are Keeping in view the provisions of CPCJustice Subramaniam said, “The mere taking of a special view of the foreign courts on any aspect relating to the welfare of the minor is not sufficient to bar the independent consideration of the matter by the courts of this country.”
Quoting a division bench of the same court which had awarded custody of children to the father, Justice Subramaniam said, “Forcibly handing over children to their father will cause psychological harm, and minor boys will not be in a position to lead a peaceful life in the absence of their mother.” “
The judge said that due consideration should be given to the children as they were “mature minors” and granted interim custody to the mother.