No its only valid in India.
HMA 24 maintenance
Can maintenance under HMA24 be filed in court outside India given the claimant lives there but divorce proceedings filed by opposite party are going on in Indian court?
Asked 6 years ago in Family Law
Religion: Hindu
16 Answers
Petition under section 24 of Hindu Marriage Act cannot be filed in court outside India. only Indian courts have jurisdiction to decide matters pertaining to the Hindu Marriage Act.
The person can claim alimony as per foreign laws, if they permit so, but petition under section 24 of Hindu Marriage Act cannot be filed.
Please backup your answer with relevant act text. As far as I understand I only found below relevant text in HMA: "1 Short title and extent (1) This Act may be called the Hindu Marriage Act, 1955. (2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories."
Asked 6 years ago
No foreign territories will recognise the Act which is aplicable in India. It will be extra jurisdiction
No court outside india has no jurisdiction over it.
Sir the hindu marriage act is applicable in India only and no court outside it's jurisdiction shall entertain any application under this section.
There are no courts outside India, which recognise Indian Laws and try cases pertaining to them. the act clearly states that it extends two persons who are domiciled outside of India too, but the case needs to be filed in India only as courts abroad do not have jurisdiction to try such cases.
1) HMA does not extend outside India
2) application for maintenance has to be filed in India under HMA
HMA does not apply outside India
No, it can not be filed outside India
This is the basic jurisprudence. The section you have quoted itself says it extends to India and applies to people residing outside India.
No foreign court will prosecute someone as per Indian laws
Nops.
hma 24 maintenance has to be file in indian court only.
No case, forget about the interim maintenance case, can be filed outside India for any reason especially when there is no jurisdiction for that.
Do not misinterpret law.
If you cannot understand the meaning you may clarify the same from a lawyer.
Indian laws are applicable within Indian territories alone and not on a foreign soil.
No the application under section 24 for maintenance cannot be filed in foreign court
provisions of Hindu Marriage act applies to hindus domicile outside India but application under the act can't be filed in foreign courts by Indian laws.
- As per the information mentioned in the present query, makes it clear that the said application cannot be filed outside India as this law is recognised in India only.
- This is not the case of divorce proceedings in which outside court has the jurisdiction to entertain the same if the section or ground on which the divorce has been sought is also the ground in Indian law and both have been residing in the Courtney at the time of filing of such divorce petition.
- Application 24 is not available outside India as there has not been a single judgment which can allow the same and otherwise also if it assumes to be accepted then also the test of both party residing in he same country would save you at any time.
