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Showing posts from August 20, 2013


Hindu Marriage Act Applies only if domiciled in India

The supreme court of India has ruled that Hindu Marriage Act applies to Hindu couples residing in other countries or holding citizenship of other countries only if there is proof of domicile in India . India Today reports An SC bench said the Hindu Marriage Act 1955 can have extra-territorial operation on non-Indian Hindu couples or on couples residing in other countries only if they are domiciled in India .  The judgment assumes relevance for Hindu couples of Indian origin as it removes confusion created by conflicting opinions by different high courts in the country. The law is often invoked by women who settle abroad after marriage but come back to India after estrangement and take to legal recourse.  The SC said it did not agree with judgments by the Calcutta, Rajasthan and Kerala HCs holding that the Hindu Marriage Act applied to all Hindu couples around the world, irrespective of the fact that they were domiciled in India or not.  Since the HCs took religion to be