Can Hindu marriage law and customs endow jurisdiction to Indian courts for estranged NRI couples?
A petition was filed by Smita Muley who had got a divorce from a US court but her husband Suhas Muley returned to India and filed another divorce petition in a Pune court. The Bombay High Court held that her husband cannot “confer jurisdiction on the court of Pune” as the couple never stayed together for any length of time in their own Indian matrimonial home and they had their matrimonial home in the US. Can an Indian Driving License or Voter ID card Establish Intention to Reside in India? Although Suhas had produced documents to prove that he was domiciled in India, the High Court of Bombay was not convinced. He had produced a copy of his ration card that had been issued in 2001, his driving licence that had been obtained in 1999, a 1995 voter identity card and passport that has validity till the year 2019. None of this convinced the Bombay High Court as Justice Roshan Dalvithe observed, “None of these documents shows his intention to reside in India permanently; his Green Card shows
