The NRI’s who are residing outside India is no bar to initiate any legal proceedings in India. Any person whether an Indian or not by birth or Nationality has the remedy to approach the courts in India.The consideration is primarily that the cause of action or the subject matter has be within the territorial jurisdiction of India or say Indian courts.
Example:
Mr. A is an American and has never travelled to India. Mr. A is a sound business man and had entered into a contract with Mr. B who is an Indian and paid money to Mr.B in his Indian account for buying the products for his business as per the contract. Mr. B did not provide the products and failed in fulfilling his responsibility as per the contract.
Can Mr. A being an American file a case against Mr.B? Yes, Mr. A being a foreign national seek the relief from the Indian Courts. The courts in India have the jurisdiction since the money for the products was paid in the Indian account and the account which is in the territorial jurisdiction of India.
Property matters:
Any person/entity if owns a property in India has the right to seek a relief vis a vis the property from the court. The court in whose jurisdiction the property is located. Mr. Patel (born and raised in UK) has inherited land and house in Bardoli, Gujarat. The property is jointly owned with his uncles and cousins. Since he has never travelled to India, the property and land is occupied by them and they refuse to vacate the property and hand over his part of the property.
Mr. Patel even while living in UK can file a case in the courts at Bardoli through lawyers and seek the appropriate relief of his separate share, profits and restrain the relatives from selling the property. It is important that the person filing such a case does not have to be present throughout the case.
Matrimonial cases:
A case for divorce, maintenance or conjugal rights can be filed in the court in whose jurisdiction the marriage took place/registered or where the matrimonial home is It so happens that the marriage took place in a Goa and the couple after the marriage resides in Jalandhar, Punjab (matrimonial house). Thereafter the parties leave the country and move to foreign country. The situation between the couple worsen by the day. The marriage is nothing but a sack of abuse and torture. The regular query in this respect is that can a party seek a divorce in India even though they’d left India years ago. Either party living abroad can seek a divorce from the court in whose jurisdiction the marriage took place i.e. Goa or Jalandhar (Punjab) where the parties resided after the marriage. The parties gain for this purpose do not have to be present throughout the litigation. The only exception matrimonial cases is where the criminal proceedings under section 498 A (for dowry) are initiated against the husband. In such a situation like this the scenario could be different for the husband if an FIR is registered against him and he lives abroad. The likelihood of the husband to stay back in India for this case shall vary case to case.