July 12: The Madras HC has held that a woman can file a divorce petition under the Hindu Marriage Act in any part of the country, wherever she resides, even if her husband is a foreign national having his domicile outside India.

Dismissing the appeal from R. Sridharan, husband of actor Sukanya, to prohibit the family court in Chennai from proceeding with her divorce petition, a division bench comprising Justice Elipe Dharma Rao and Justice K.K. Sasidharan directed the family court to decide the petition within two months.

Sukanya married Sridharan, an Indian who later obtained US citizenship, in 2002 in accordance with Hindu rites and customs at a New Jersey temple. In 2003, she came to India and later filed for divorce.

Though Sridharan contended that the Chennai court had no jurisdiction as he was a US citizen and permanent US resident, the high court held it was immaterial.