Can wife file maintenance against husband who is Australian citizen

We are Jain family. My daughter-in -law has filed applications for getting maintenance amount in city civil court, Ahmedabad, Gujarat. My son is Australian citizen. Can Indian laws are applicable in criminal cases to the persons who are not citizen of India ? Moreover some disputes raised in Perthbetween my son and my daughter-in -law . Can we tell court that Indian court has no jurisdiction in the case.

Answers (2)

259 votes

You can take this defence. But if the girl is staying at ahmedabad she can file proceedings for maintenance at ahmedabad court though your son is NRI. Other proceedings can be initiated at the courts where cause has arisen

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275 votes

Your son needs to appear before the Hon'ble Family Court, Ahmedabad if he has been notified.

In your submissions before the Family Court, you will have to draw the attention of the Hon'ble Court that there is a parallel proceeding going on in Australian Court. Provide documentary evidence for the same at the stage so required.

If the subject matter and reliefs sought are same then subject is barred by res judicata.

However, there are other facts and concerns which I have and are to be adjudicated effectively and on doing the same I can guide you in a better way.

Feel free to approach me for further consultation or the fight your cause.

Advocate K.K. Trivedi

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