Recently, the Gujarat High Court said that a divorce granted by an Australian court cannot dissolve a marriage solemnised in India under the Hindu Marriage Act (HMA). The high court bench of Justices AY Kogje and NS Sanjay Gowda further emphasised that rights and remedies under the Hindu Marriage Act remain unaffected by changes in citizenship or domicile. "Jurisdiction over such marriages rests solely with Indian courts," the court added. The Gujarat HC observed while setting aside the impugned orders. The court allowed the appeals and directed the family court to decide the matter on the merits. As per the details of the case, the husband and wife married in July 2008 in Ahmedabad, and later moved to Australia, where the husband acquired citizenship. The couple's first child was born in 2013. However, by 2014, marital differences arose and the husband returned to India while the wife continued to stay in Australia to secure citizenship, which she obtained in 2015. She also returned to India with their son the same year. In March 2016, the husband filed for divorce and child custody before the Federal Circuit Court of Australia, which granted him a divorce in November 2016. ‘Shall I Change the Premises of the High Court?’: Gujarat High Court Raps Lawyer After His Repeated Non-Appearance Leads To Matter Being Adjourned 30 Times.

Rights and Remedies Under Hindu Marriage Act Remain Unaffected by Changes in Citizenship or Domicile, Says Gujarat HC

Women and Child Helpline Numbers:

Childline India – 1098; Missing Child and Women – 1094; Women’s Helpline – 181; National Commission for Women Helpline – 112; National Commission for Women Helpline Against Violence – 7827170170; Police Women and Senior Citizen Helpline – 1091/1291.

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