Does the Hindu Marriage Act apply for Hindu NRIs domiciled in a foreign country?
The Bombay High Court held that the Hindu Marriage Act (HMA) may not be applicable to these NRI Indians if they have the domicile of a foreign country. It was further held that the HMA does not apply to an estranged couple who were domiciled in the US. An order of the Pune family court was thus squashed by the Bombay High Court. The Pune family court had stated that Indian courts would have the jurisdiction to hear a divorce case even if the estranged couple had resided for a single day in the city when they were in India.
