Legal Question in Family Law in India

Hi respected Sir/ Maam

Please enlight me on the following moot proposition

rohitpal a nri citizen of canada. he and raina got married 4 yrs back in India under Hindu Marriage Act, he stay with her for four months of marriage then he left for canada and promised to call her to canada. they were in touch for 1 year by that time raina delivered a baby boy. 3 years after the birth of child .raina tried to trace out rohitpal in canada through some agency but in vain.from the idle court of ontario he got divorce with her for non cohabition for 1 and half year??? then she has filed counter suit in chandigarh district court for challenging the enforcement and restitution of conjugal rights ??

sir/ mam i'm from defendant side and i dnt know how to challenge the Restitution of conjugal rights and even the jurisdiction of canadian court is enforceable in india because canada doesn't come under reciprocatory territory of india ?? help me


Asked on 10/20/13, 9:30 am

2 Answers from Attorneys
Santosh Goswami,Advocate sure shot legal

See, move an application wherein you have to state that the competent court of jurisdiction in Canada has already pronounced a divorce decree and thereby there is no locus standi of the present petition and hence the same may kindly be dismissed. If u need my help in drafting you may call me.

919555462995

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Answered on 10/20/13, 9:45 pm
Yash Kumar Yash Kumar & Co.

Dear Sir,

Once you have got the divorce from the competent court then you need not to worry and simply move an application under order VII Rule 11 for the rejection of plaint, as you have already been granted the decree of Divorce and now the girl is not having any locus standii to file any case against you.

For further assistance you may contact me on 08750228171.

Thanks & Regards

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Answered on 10/21/13, 2:04 am


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