Court recognizes jurisdiction over online content accessed and revenue generated within Mumbai, allowing spiritual leader Sukhwinder Kaur @ Radhe Maa to file suit despite respondents being partly outside India
In a significant ruling on October 9, 2026, the Bombay High Court granted leave under Clause XII of the Letters Patent Act, 1865, permitting spiritual leader Sukhwinder Kaur, also known as Radhe Maa, to institute a suit against Google LLC and other respondents in a dispute concerning online personality rights and disparagement.
The petitioner sought to file the suit in Bombay High Court, claiming that although some respondents were located outside India and the allegedly infringing content was disseminated worldwide, a substantial part of the cause of action arose within the jurisdiction of the Court. The petitioner argued that she resides and conducts her spiritual and charitable activities within Bombay's jurisdiction. Furthermore, the infringing content was accessible and viewed by users in Mumbai, and the respondents derived advertising revenue from users within the jurisdiction.
The Court examined whether the leave to sue should be granted given the digital nature of the dispute, where online content transcends geographical boundaries. It was held that jurisdiction could be invoked where the infringing material is accessible and viewed, where online platforms are made available to users, where revenue is generated from users within the jurisdiction, and where injury to reputation and personality rights is suffered locally.
Justice Abhay Ahuja, who presided over the matter, noted that these factors sufficiently established that part of the cause of action arose within Bombay's jurisdiction. Consequently, the Court granted leave to institute the suit, affirming its authority to receive, try, and determine the case.
This ruling underscores the evolving interpretation of jurisdiction in the digital era, especially in cases involving online personality rights and disparagement. It highlights that courts in India are willing to assert jurisdiction based on the impact and accessibility of online content within their territorial limits, even when defendants operate globally.
Bottom Line:
Clause XII of the Letters Patent - Leave to institute suit granted where part of cause of action arose within jurisdiction of Bombay High Court in an online personality rights and disparagement dispute - Court held that residence and activities of plaintiff within jurisdiction, accessibility of infringing content within jurisdiction, revenue generation from users within jurisdiction, and injury to reputation and goodwill suffered within jurisdiction were sufficient to grant leave.
Statutory provision(s): Letters Patent Act, 1865 Clause XII
Sukhwinder Kaur @ Radhe Maa v. Google LLC, (Bombay) : Law Finder Doc Id # 3002567
