Family Court

Laws that governs NRI Marriages The fallowing laws governs the NRI’s in respect of marriage, divorce, maintenance and custody of the children’s The Hindu Marriage Act, 1955, The Special Marriage Act, 1954, 9 The Foreign Marriage Act, 1969 The J&K Hindu Marriage Act, 1980 Goa, Daman and Diu Laws Quaranic Laws of Muslims Parsi Marriage and Divorce Act, 1936 The Indian Christian Marriage Act, 1872 The Indian Divorce Act, 1869 Hindu Adoption and Maintenance Act, 1956, The dissolution of Muslim Marriages Act 1939 The divorce Act 1869 The Marriage Laws (Amendment) Act, 2003 (Act No. 50 of 2003)

Jurisdictional requirements are the same under the Hindu Marriage Act 1955 and the Special Marriage Act 1954. A divorce petition can be presented to the district court within the local limits of whose original civil jurisdiction the:

• Marriage was solemnised.
• Respondent, at the time of the presentation of the petition, resides.
• Parties to the marriage last resided together.
• Wife resides on the date of presentation of the petition (if she is the petitioner).
• Petitioner resides at the time of the presentation of the petition, in a case where the respondent, at that time, either:
• resides outside the territories to which the acts extend; or
• has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him/her if he/she were alive.

The applicability of the Special Marriage Act is not restricted to Indians. The parties need not be domiciled in India to solemnise their marriage under the Special Marriage Act.

Under the Indian Divorce Act 1869, a petition in a matrimonial cause can be presented in the court of the district judge within the local limits of whose ordinary jurisdiction either the:

• Husband and wife reside.
• Husband and wife last resided together.

Where a number of courts have jurisdiction, a party can choose one of them. Where a court’s jurisdiction is questioned, preference is generally given to factors that support its jurisdiction.

(Smt Satya v Teja Singh [1975] 2 SCR 1971).

The concept of residence is important in India, as the courts to which a divorce petition under the matrimonial statutes can be presented include place where either the:

• Parties to the petition last resided.
• Respondent (or the petitioner if she is the wife) resides.