Summary:
Jodhpur, Nov 24 (PTI) The Rajasthan High Court has ruled that a foreign national who is a victim of domestic violence can file a complaint against her abusive husband if the violence is perpetrated during her stay in India.
Justice Vinit Kumar Mathur dismissed the plea of Robarto Nieddu, the husband of Catherine Nieddu, seeking rejection of her complaint against him questioning its maintainability on the ground of their being foreign nationals.
Catherine Nieddu had filed a complaint of domestic violence against Robarto Nieddu during their stay in Jodhpur in 2019.
Robarto had first challenged the complaint in the court of Metropolitan Magistrate and then in the court of the Additional District and Sessions Court Judge (Women Atrocities Cases).
With both the courts rejecting the plea, Roberto then moved the high court challenging both the decisions on the ground of maintainability of the complaint citing her not being an Indian citizen.
While arguing the case, the petitioner"s counsel submitted that the petitioner and the respondent are not Indian citizens and thus are not amenable to the jurisdiction.