Tuesday, October 12, 2010

Guardian and ward act- Jurisdiction of Indian courts NRI children NRI parents – Sanjeev Ruchi Majoo case

Brief backgorund

498a/406 case filed by ruch majoo was quashed by Justice dhingra

http://legalmanthan498adowrymisuse.blogspot.com/2010/10/delhi-hc-nri-498a-quash-jurisdictional.html

This is same woman who had filed Guardianship case and was dismissed by Justice Dhingra on Jurisdictional grounds and later the Mother and WCD/NCW challenged the HC (Dhingra’s) order in SC where it is still pending

here is the GWA case http://lobis.nic.in/dhc/SND/judgement/09-03-2010/SND08032010CMM4482009.pdf

 

Latest Related news on the case

Latest on the GWA CASE Pending in SC

http://courtnic.nic.in/supremecourt/temp/dc%20922010p.txt
ITEM NO.1                   COURT NO.6                 SECTION XIV


S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Civil) No(s).9220/2010

(From the judgment and order dated 08/03/2010 in CMM No. 448/2009 of
The HIGH COURT OF DELHI AT N. DELHI)

RUCHI MAJOO Petitioner(s)

VERSUS

SANJEEV MAJOO Respondent(s)

(With appln(s) for permission to place addl. documents on record and
prayer for interim relief ))


Date: 05/10/2010 This Petition was called on for hearing today.


CORAM :
HON'BLE MR. JUSTICE MARKANDEY KATJU
HON'BLE MR. JUSTICE T.S. THAKUR


For Petitioner(s) Ms. Indira Jaising, ASG
Mr. Sanjay Parikh, Adv.
Mr. Anish R. Shah, Adv.
Ms. Mamta Saxena, Adv.
Mr. Ashish Bhan, Adv.
Ms. Soumya Ray, Adv.
Mr. A. N. Singh, Adv.
Ms. Anitha Shenoy,Adv.


For Respondent(s) Mr. Pallav Shisodia, Adv.
Mr. Mukul Kumar,Adv.



UPON hearing counsel the Court made the following
O R D E R

In this case, the parties, who are of

Indian origin, had gone to USA and had a child

there, who having been born in USA has US

citizenship.
-1-


SLP(Civil) No.9220/2010

The parties also took up US citizenship.

Thereafter, the petitioner (wife) returned to

India and filed a petition for custody and

guardianship, which is pending before the

District Court, Delhi. At the same time, the

husband also filed a petition for guardianship

in the Superior Court of California, USA which

has been allowed. The District Judge III (west)

Delhi dismissed the husband's application for

dismissing the wife's petition.

The Delhi High Court has allowed the

petition filed by the husband-respondent herein,

and dismissed the Guardianship petition filed by

the wife on the ground that the District Judge,

Delhi has no jurisdiction to entertain the said

petition.

This matter pertains to private

International law. Hence, we would like to get

the assistance of the Indian Society of

International law, Bhagwan Das Road, New Delhi,

as it has expertise in the matter. Issue notice

to the Indian Society of International Law which

is requested to assist us as amicus curiae in

the matter. The Indian Society of International
Law is requested to depute some expert in

private international law to appear before us to

assist us in the matter.

-2-



-3-

In the meantime, the interim order passed

by this Court will continue. Copies of the

proceedings and other relevant papers may be

forwarded forthwith by the Registry of this

Court to the Indian Society of International

Law, Bhagwan Das Road, New Delhi.




Mr. Sanjay Parikh, learned senior counsel

has stated that he recuses himself from any

exercise undertaken by the Indian Society of

International Law, since, he is a member of the

executive council of the Society and he is

appearing for the petitioner in this case.



List this matter on 9th November, 2010.




(Deepak Joshi) (Indu Satija)
Sr. P.A. Court Master



---------------------------------------------------------------------------------------------------------------------------------------------


ITEM NO.1                   COURT NO.11                SECTION XIV
              S U P R E M E     C O U R T   O F    I N D I A
                             RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil) No(s).9220/2010
(From the judgement and order dated 08/03/2010 in CMM No. 448/2009 of
the HIGH COURT OF DELHI AT NEW DELHI)
RUCHI MAJOO                      Petitioner(s)
                   VERSUS
SANJEEV MAJOO                    Respondent(s)
(With prayer for interim relief)
Date: 15/09/2010    This Petition was called on for hearing today.
CORAM :
          HON'BLE MR. JUSTICE AFTAB ALAM
          HON'BLE MR. JUSTICE CHANDRAMAULI KR. PRASAD
For Petitioner(s)
  Ms.    Indira Jai Sing, ASG
                     Mr.    Sanjay Parekh, Adv.
                     Mr.    Anish R. Shah, Adv.
                     Ms.    Soumya Ray, Adv.
                     Mr.    Ashish Bhan, Adv.
                     Ms.    Mamta Saxena, Adv.
                     Ms.    Smidhi Sinha, Adv.
                     Ms.    Sonam Anand, Adv.
                     Mr.    Mukul Kumar, Adv. (NP)
For Respondent(s)  
                     Mr.    Pallav Shishodia, Sr. Adv.
                     Mr.    Dhruv Mehta, Sr. Adv.
                     Mr.    Mukul Kumar, Adv.
                     Mr.    Sudhir Pal Singh, Adv.
                     Ms.    Anitha Shenoy, Adv. (NP)
UPON hearing counsel the Court made the following
  O R D E R
                 Put up before a Bench of which one of us (Aftam
          Alam, J.) is not a member.
            (N.S.K. Kamesh)                          (S.S.R. Krishna)
              Court Master                             Court Master



 


Court restrains Interpol from taking custody of child from NRI


Press Trust of India, Friday March 26, 2010, New Delhi


The Supreme Court on Friday restrained the Interpol from taking custody of a minor boy from his NRI mother's possession and decided to examine the crucial question whether Indian courts can entertain matrimonial disputes if the couple is foreign citizens.


A Bench of Chief Justice K G Balakrishnan, Justices J M Panchal and Deepak Verma directed "status quo" on the custody of the child and posted the matter for further hearing to April 1.
The apex court passed the interim order on an SLP filed by Ruchi Majoo, a dentist and an American now domiciled in Delhi.
Ruchi had filed the SLP through counsel Ashish Bhan against a Delhi High Court order, which had held that since the divorced couple was US citizens, the custodial battle for the child should be fought in that country's court. The high court had passed the order while setting aside the district's order granting custodial rights to the mother.
However, Ruchi's husband, armed with a US court order, sought the help of the Interpol to take custody of the child and came to India, following which the woman moved the apex court. (Custody battle: A child's wait for justice)
In an unusual appearance, Additional Solicitor General Indira Jaising, on behalf of Ruchi urged, the apex court to take up the matter for early hearing as according to her the issue "was of great significance involving jurisdictional powers of Indian courts" over such matrimonial disputes involving people of Indian origin.
Normally, government counsel, more so those holding high ranking law officer posts like Additional Solicitor Generals, do not appear in private disputes except without the permission of the Attorney General.
Jaising complained the Interpol was attempting to take away the child from the mother's custody and sought a restrain on it.
However, the husband's senior counsel Pallav Sisodia told the Bench that Ruchi had deliberately foisted false cases of 498A (harassment of wife by husband/relatives) against Sanjeev to harass him. He pointed out that there is a growing tendency among such estranged NRI wives to come to India and file false 498A cases as such provisions were not available in other countries. The Supreme Court on Friday restrained the Interpol from taking custody of a minor boy from his NRI mother's possession and decided to examine the crucial question whether Indian courts can entertain matrimonial disputes if the couple is foreign citizens.
A Bench of Chief Justice K G Balakrishnan, Justices J M Panchal and Deepak Verma directed "status quo" on the custody of the child and posted the matter for further hearing to April 1.
The apex court passed the interim order on an SLP filed by Ruchi Majoo, a dentist and an American now domiciled in Delhi.
Ruchi had filed the SLP through counsel Ashish Bhan against a Delhi High Court order, which had held that since the divorced couple was US citizens, the custodial battle for the child should be fought in that country's court. The high court had passed the order while setting aside the district's order granting custodial rights to the mother.
However, Ruchi's husband, armed with a US court order, sought the help of the Interpol to take custody of the child and came to India, following which the woman moved the apex court.
In an unusual appearance, Additional Solicitor General Indira Jaising, on behalf of Ruchi urged, the apex court to take up the matter for early hearing as according to her the issue "was of great significance involving jurisdictional powers of Indian courts" over such matrimonial disputes involving people of Indian origin.
Normally, government counsel, more so those holding high ranking law officer posts like Additional Solicitor Generals, do not appear in private disputes except without the permission of the Attorney General.
Jaising complained the Interpol was attempting to take away the child from the mother's custody and sought a restrain on it.
However, the husband's senior counsel Pallav Sisodia told the Bench that Ruchi had deliberately foisted false cases of 498A (harassment of wife by husband/relatives) against Sanjeev to harass him. He pointed out that there is a growing tendency among such estranged NRI wives to come to India and file false 498A cases as such provisions were not available in other countries.


http://www.ndtv.com/news/india/court-restrains-interpol-from-taking-custody-of-child-from-nri-18497.php


Court restrains Interpol from taking custody of child from NRI



The Supreme Court on Friday restrained the Interpol from taking custody of a minor boy from his NRI mother's possession and decided to examine the crucial question whether Indian courts can entertain matrimonial disputes if the couple is foreign citizens.
A Bench of Chief Justice K G Balakrishnan, Justices J M Panchal and Deepak Verma directed "status quo" on the custody of the child and posted the matter for further hearing to April 1.
The apex court passed the interim order on an SLP filed by Ruchi Majoo, a dentist and an American now domiciled in Delhi.
Ruchi had filed the SLP through counsel Ashish Bhan against a Delhi High Court order, which had held that since the divorced couple was US citizens, the custodial battle for the child should be fought in that country's court. The high court had passed the order while setting aside the district's order granting custodial rights to the mother.
However, Ruchi's husband, armed with a US court order, sought the help of the Interpol to take custody of the child and came to India, following which the woman moved the apex court. (Custody battle: A child's wait for justice)
In an unusual appearance, Additional Solicitor General Indira Jaising, on behalf of Ruchi urged, the apex court to take up the matter for early hearing as according to her the issue "was of great significance involving jurisdictional powers of Indian courts" over such matrimonial disputes involving people of Indian origin.
Normally, government counsel, more so those holding high ranking law officer posts like Additional Solicitor Generals, do not appear in private disputes except without the permission of the Attorney General.
Jaising complained the Interpol was attempting to take away the child from the mother's custody and sought a restrain on it.
However, the husband's senior counsel Pallav Sisodia told the Bench that Ruchi had deliberately foisted false cases of 498A (harassment of wife by husband/relatives) against Sanjeev to harass him. He pointed out that there is a growing tendency among such estranged NRI wives to come to India and file false 498A cases as such provisions were not available in other countries. The Supreme Court on Friday restrained the Interpol from taking custody of a minor boy from his NRI mother's possession and decided to examine the crucial question whether Indian courts can entertain matrimonial disputes if the couple is foreign citizens.
A Bench of Chief Justice K G Balakrishnan, Justices J M Panchal and Deepak Verma directed "status quo" on the custody of the child and posted the matter for further hearing to April 1.
The apex court passed the interim order on an SLP filed by Ruchi Majoo, a dentist and an American now domiciled in Delhi.
Ruchi had filed the SLP through counsel Ashish Bhan against a Delhi High Court order, which had held that since the divorced couple was US citizens, the custodial battle for the child should be fought in that country's court. The high court had passed the order while setting aside the district's order granting custodial rights to the mother.
However, Ruchi's husband, armed with a US court order, sought the help of the Interpol to take custody of the child and came to India, following which the woman moved the apex court.
In an unusual appearance, Additional Solicitor General Indira Jaising, on behalf of Ruchi urged, the apex court to take up the matter for early hearing as according to her the issue "was of great significance involving jurisdictional powers of Indian courts" over such matrimonial disputes involving people of Indian origin.
Normally, government counsel, more so those holding high ranking law officer posts like Additional Solicitor Generals, do not appear in private disputes except without the permission of the Attorney General.
Jaising complained the Interpol was attempting to take away the child from the mother's custody and sought a restrain on it.
However, the husband's senior counsel Pallav Sisodia told the Bench that Ruchi had deliberately foisted false cases of 498A (harassment of wife by husband/relatives) against Sanjeev to harass him. He pointed out that there is a growing tendency among such estranged NRI wives to come to India and file false 498A cases as such provisions were not available in other countries.

1 comment:

  1. Thanks for this posting.
    Your blog is very knowledgeable!! Keep it always updated.
    Cobleys Child Custody Solicitors Family Law team deal with all matters relating to Children Law.

    ReplyDelete