Foreign Divorce Decree On Ground Of 'Irretrievable Breakdown' Not Enforceable In India: Supreme Court

A decree of divorce passed by a court in the United States of America (USA) on the grounds of irretrievable breakdown of marriage is not enforceable in India, observed the Supreme Court.This is because irretrievable breakdown of marriage is not recognised as a ground for divorce under the Indian law. Here, parties were married as per the Hindu Marriage Act (HMA).“…the US Court granted a decree of divorce on the ground of irretrievable breakdown of marriage. This ground is not recognised under the HMA, which is the matrimonial law applicable to the parties.”, observed a bench of Justice Vikram Nath and Justice Sandeep Mehta. BackgroundThe parties were married in Mumbai in December 2005 according to Hindu rites but were residing in the United States. After briefly staying together in Pune during a visit to India in 2007, they continued cohabitation in the US until September 2008. Soon thereafter, the wife initiated divorce proceedings before a Michigan court in the US. The husband contested jurisdiction through a written response but did not participate further.In February 2009, the US court granted a divorce on the ground of “irretrievable breakdown of marriage” and passed consequential financial directions. Meanwhile, the husband had filed a divorce petition before the Family Court in Pune under the Hindu Marriage Act.The Pune Family Court upheld its jurisdiction, noting that the marriage was solemnised in India and that the foreign decree was based on a ground not recognised under Indian law. However, the Bombay High Court reversed this finding, holding that the parties were domiciled in the US and that the American court had jurisdiction.Setting aside the High Court's decision, the Court restored the family court's decision to allow the Appellant-husband's application of divorce, noting that since the couple tied knot in India as per the Hindu rites and rituals, irrespective of the fact that they have settled abroad, they would be bound by the Hindu Marriage Act for divorce proceedings. Also, it negated the applicability of the foreign decree when the Appellant-husband have never submitted to the jurisdiction of the Circuit Court in the US and had not participated in those proceedings. “Since the marriage was solemnised according to Hindu rites and rituals in India, the HMA would apply to the parties even if they had settled abroad thereafter.”, the court said, adding that the appellant-husband had never submitted to the jurisdiction of the Circuit Court in the US and had not participated in those proceedings to be bound by the foreign decree. “It is found that the matrimonial home was at Aungh, Pune, as the parties had stayed there during their visits to India, even if briefly, and that it was the place where they last resided together in India.”, the court further stated, nullifying the enforceability of the foreign decree. Despite holding the foreign decree invalid, the Court, in exercise of its inherent power under Article 142 of the Constitution, granted a divorce to the couple on the grounds of irretrievable breakdown of marriage, because the couple had been living apart since 2008, and no matrimonial bond exists between them.HeadnoteConstitution of India, 1950; Article 142 — Irretrievable Breakdown of Marriage — Recognition of Foreign Divorce Decrees — Section 13 of the Code of Civil Procedure, 1908 - The Supreme Court set aside a High Court order that had dismissed a divorce petition in India on the grounds of a pre-existing US divorce decree - held that the foreign decree was not binding as it was granted on a ground (irretrievable breakdown) not recognized under the Hindu Marriage Act, 1955, and the husband had not effectively submitted to the foreign jurisdiction - Exercising its powers under Article 142, the Supreme Court granted a decree of divorce to bring a quietus to the 18-year-long separation - Key Legal Points – i. Non-Binding Nature of Foreign Decrees: A foreign decree of divorce is not conclusive or binding if it is granted on grounds not available under the matrimonial law governing the parties (in this case, the Hindu Marriage Act) and where the opposite party did not voluntarily or effectively submit to the foreign court's jurisdiction; ii. Effective Participation: Mere service of summons or filing a jurisdictional objection by post does not constitute "effective participation" or "voluntary submission" to a foreign forum - Principles of natural justice require a meaningful opportunity to contest the proceedings; iii. Article 142 Power: Where a marriage has irretrievably broken down and parties have been separated for a prolonged period (nearly 18 years), the Supreme Court can exercise its plenary power under Article 142 to dissolve the marriage directly to ensure justice. [Relied on Y. Narasimha Rao v. Y. Venkata Lakshmi (1991) 3 SCC 451; Paras 8-11]Cause Title: K VERSUS KCitation : 2026 LiveLaw (SC) 259Click here to download Order

Foreign Divorce Decree On Ground Of 'Irretrievable Breakdown' Not Enforceable In India: Supreme Court

Yash Mittal

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Yash Mittal

Foreign Divorce Decree On Ground Of 'Irretrievable Breakdown' Not Enforceable In India: Supreme Court

Yash Mittal

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

Yash Mittal

This is a premium content
Available exclusively to
Our subscribers