Indian Divorce in U.S. Courts (tags)
Many Indian nationals had their marriages in India and domicile in the United States. They travel back to India for the purpose of obtaining divorce judgments according to the Hindu law. The issue of jurisdiction becomes important factor for the recognition of their foreign divorce judgments in the United States. This article analyzes this issue.
Four Reasons Why Smith Should Be in RP custody (tags)
The AJLPP published this good article: THE UNDERSIGNED groups express their outrage over how the Department of Justice and the Department of Foreign Affairs have taken the cudgels for Lance Cpl. Daniel Smith who, we have learned, has been released to the custody of the US Embassy upon orders of President Gloria Macapagal-Arroyo. These officials have forgotten that they represent the Filipino people and not an American serviceman. Instead of deferring to the judiciary's interpretation of the Visiting Forces Agreement (VFA), they have thwarted the legal import of the original provisions of the VFA and substituted their own meaning to justify the transfer of Smith's custody to the United States. This case is not only an issue of custody.
ON SMITH CUSTODY RULING (tags)
News sources today reported that the ruling of Makati trial court Judge Benjamin Pozon for convicted US Marine Daniel Smith to remain at the Makati City Jail “reflects a misunderstanding of Philippine obligations under the terms of the Visiting Forces Agreement (VFA) during judicial proceedings,” the United States embassy said Wednesday. The embassy statement, issued a few hours after Pozon’s ruling, reiterated the American position that Smith, being a member of the US military, should remain in US custody pending final judicial proceedings -- including the appeal of the 40-year sentence on Smith for raping a Filipina last year -- of the case.