Indian courts have jurisdiction over domestic violence committed against Indians abroad

Indian courts have jurisdiction over domestic violence committed against Indians abroad

NITISH SHUKLA 

Background

In the present case of Mohd. Zuber Farooqi Vs. Neelima Akhtar; the petitioner married respondent on 2008 in Lucknow and after that, they both migrated to North Carolina, the USA with the Petitioner. In the year 2012, they both shifted to California. On 2013, Respondent gave birth to male child i.e. Zayan Farooqi. On 2014, Respondent left Petitioner’s home in the USA and went to her brother’s place in Columbus, Indiana USA. The petitioner then filed a divorce and child custody petition in the Superior Court in California. On 2015, the respondent came to India and resided in Meerut. On 06/05/2015, the petitioner gave divorce to the respondent in India. On 2016, Respondent filed a Domestic Violence case under Section 12 of Protection of Women from Domestic Violence Act, 2005 before the Metropolitan Magistrate Court, Mulund and maintenance order was passed by the court. Later the Sessions Court dismissed the Criminal Appeal filed by Petitioner.

Current Issue (Indian courts have jurisdiction over domestic violence committed against Indians abroad)

The Bombay High Court has held that Indian courts have jurisdiction over domestic violence committed against Indians abroad while hearing the petition filed by Mohd. Zuber Farooqi who sought quashing of an order of maintenance passed by Metropolitan Magistrate. In the above judgement, it was held that Courts at place where the wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under section 498A of the Indian Penal Code. Court noted that the above judgement was passed relying on a previous judgement in Rupali Devi VS Uttar Pradesh& Ors.

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Conclusion

The Bombay High Court has observed in a case of Mohd. Zuber Farooqi Vs. Neelima Akhtar that the Indian Courts will have jurisdiction over domestic violence Case where Indians are Involved or is being committed by them under section 498 of IPC.

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