The Madurai Chamber of the Madras High Court observed that it is time for the legislator to take note of the foreign marriages that have become commonplace and to redefine the jurisdiction of the family court in the interests of children and the person concerned. well-being of children so that they do not suffer.
Judge J. Nisha Banu observed that the law should adopt a line corresponding to the changes occurring in society. If the law lags behind, the rights of the parties will also lag. The judge said countless foreign weddings take place every day.
The Guardians and Wards Act of 1890 was in the year 1890 when foreign marriages were not considered, the judge observed. The court had before it a petition filed by the mother of a boy asking for his custody. She filed the petition after a family court dismissed her petition.
The petition filed in Kanniyakumari Family Court was dismissed for lack of territorial jurisdiction. It has been argued that the couple from Kanniyakumari district left India with their children in 2014, implicitly saying they resided in India until 2014.
The woman asked to be declared natural guardian of her son and to be given custody of her son. The judge ordered the family court to take the case on file and observed that if the jurisdictional issue was in doubt, it was open to the court to consider it in light of the evidence presented at the hearing. investigation.