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CHANDRAMAULI KR.PRASAD, V.GOPALA GOWDA
Sondur Gopal – Appellant
Versus
Sondur Rajini – Respondent
The court determined that both the husband and wife are domiciled in India, thereby bringing the Hindu Marriage Act within the scope of its jurisdiction (!) . It emphasized that the territorial and extraterritorial provisions of the Act extend its applicability to Hindus domiciled in India, regardless of their physical residence outside the country (!) . The evidence presented demonstrated that neither party had permanently abandoned their Indian domicile nor acquired a domicile of choice in other countries such as Sweden or Australia (!) . Based on these findings, the court upheld the jurisdiction of the family court in Mumbai, and the petition for judicial separation and custody was found to be maintainable under the Act (!) . Consequently, the court dismissed the appeal, affirming that the Hindu Marriage Act governs the marital and family law issues in this case (!) .
Judgment :-
Chandramauli Kr. Prasad, J.
CIVIL APPEAL NO.4629 OF 2005
Appellant-husband, aggrieved by the judgment and order dated 11th of April, 2005 passed by the Division Bench of the Bombay High Court in Family Court Appeal No. 11 of 2005 reversing the judgment and order dated 1st of January, 2005 passed by the Family Court, Mumbai at Bandra in Interim Application No. 235 of 2004 in Petition No. A-531 of 2004, is before us with the leave of the Court.
Shorn of unnecessary details, facts giving rise to the present appeal are that the marriage between the appellant-husband and the respondent-wife took place on 25th of June, 1989 according to the Hindu rites at Bangalore. It was registered under the provision of the Hindu Marriage Act also. After the marriage the husband left for Sweden in the first week of July, 1989 followed by the wife in November, 1989. They were blessed with two children namely, Natasha and Smyan. Natasha was born on 19th of September, 1993 in Sweden. She is a down syndrome child. The couple purchased a house in Stockholm, Sweden in December, 1993. Thereafter, the couple applied for Swedish citizenship which was granted to them in 1997. In June, 1997, the cou
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