AIR 2013 SUPREME COURT 2678 ::2013 AIR SCW 4227 ::2013 (5) ABR 330 ::(2014) 1 MarriLJ 362 ::(2013) 2 CLR 387 (SC) ::(2013) 2 WLC(SC)CVL 498 ::(2013) 2 HinduLR 385 ::(2014) 1 CivLJ 1 ::2013 (7) SCC 426 ::(2013) 3 RecCriR 979 ::(2013) 9 Scale 372 ::(2013) 3 CurCC 191 ::AIR 2013 SC (Civ) 2149 ::(2013) 5 AllMR 939 (SC) ::(2013) 5 Cal HN 118 ::(2013) 6 All WC 5627 ::(2013) 100 All LR 260 ::(2013) 5 Bom CR 21 ::(2014) 2 Guj LR 1175 ::(2013) 4 ICC 450 ::(2013) 4 Mad LW 697 ::(2013) 3 Ker LT 659 ::(2013) 5 AndhLD 97 ::(2013) 2 DMC 833 ::(2013) 129 AllIndCas 136 (SC) ::(2013) 3 JCR 326 (SC) ::(2013) 5 MPHT 1

Supreme Court Of India

(From : 2006 (3) AIR Bom R 487)

Hon'ble Judge(s): Chandramauli Kr. Prasad, V. Gopala Gowda , JJ

(A) Constitution of India , Art.245(2)— Law having extra territorial operation - Competence of Parliament to enact - Law enacted to be valid must have nexus with India. The general principle underlying the sovereignty of States is that laws made by one State cannot have operation in another State. A law which has extra territorial operation cannot directly be enforced in another State but such a law is not invalid and saved by Article 245(2) of the Constitution of India. Article 245(2) provides that no law made by Parliament shall be deemed to be invalid on the ground that it would have extra territorial operation. But this does not mean that law having extra territorial operation can be enacted which has no nexus at all with India. Unless such contingency exists, the Parliament shall be incompetent to make a law having extra-territorial operation.(Para 13) (B) Hindu Marriage Act (25 of 1955) , S.1(2)— Territorial application - Act applies to Hindus residing out of India - But having domicile in India - Requirement of domicile in India saves its extra territorial application. From Section 1(2) of the Act, it is evident that the Act extends to the Hindus of whole of India except the State of Jammu and Kashmir and also applies to Hindus ....