Madras HC: ‘In domestic violence cases, resident status of women immaterial’ – Times of India

Chennai News

CHENNAI: All women residing in India temporarily or permanently are entitled to seek relief under the Domestic Violence Act, the Madras high court has said, adding it applies to even foreigners or Overseas Citizens of India.
“A person, who is temporarily residing in India or Overseas Citizen of India, if abused economically by the spouse, who is residing in another country, is entitled to seek relief under the law. The cause of action arouses in India, since the aggrieved person is residing in India,” Justice S M Subramaniam said on Wednesday.
The court passed the order while dismissing a plea moved by the husband, a US citizen, seeking to quash domestic violence complaint filed by his wife in a Chennai family court.
Refusing to accept his contention that a US court has passed an ex parte decree in a divorce petition moved by him and has ordered custody of their 15-year-old twin children, the judge said: “Recognition of decrees and orders passed by foreign courts remains an eternal dilemma inasmuch as whenever called upon to do so, courts in this country are bound to determine the validity of such decrees and orders keeping in view the provisions of the CPC.”
Simply because a foreign court has taken a particular view on any aspect concerning the welfare of the minor is not enough for the courts in this country to shut out an independent consideration of the matter, the judge said.
Pointing out an order passed by a division bench of the court ordering custody of the children to the father, Justice Subramaniam said, “forcible handing over of the children to their father would result in psychological disadvantages and the minor boys may not be in a position to have peaceful life in the absence of their mother,”
Further, asserting that due consideration must be given to the children since they are not mere minors but ‘matured minors’, the judge ordered interim custody of the children to their mother.

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