Foregin Divorce Validity India

@ Author,

 

1. it is natural that Foreign countries do not recognize our Hindu Laws.
 

2. "Irretrievable breakdown of marriage", or even based on "no fault Divorces" are granted by most of the foreign Courts. 

3. Above grounds are not allowed in India, so Divorce obtained on grounds other than those under which the couple married are declared invalid here in India.

4. However if couple normally reside in foreign country (domicile) and accept it's Jurisdiction, the foreign court's Judgement is binding here in India.

5. You have to contest bigamy case by filing preliminary objections citing, Husband (domicile of US State) sent notice and was served to her (domicile of US State), she accepted competent court's jurisdiction and since then till to this date she is residing in foreign State (domicile of US State) and just to harass - frustrate me she is after 2 years of accepting the competent court jurisdiction is filing this false case of bigamy on me.

6. You can file preliminary objections via PoA obtained in accordance with Rules.

Reasoning:

A. The jurisdiction assumed by the foreign court as well as the ground on which the relief is granted must be in accordance with the matrimonial law under which the parties are married. The exceptions to this rule may be as follows: (i) where the matrimonial action is filed in the forum where the respondent is domiciled habitually and permanently resides and the relief is granted on a ground available in the matrimonial law under which the parties are married; (ii) where the respondent voluntarily and effectively submits to the jurisdiction of the forum as discussed above and contests the claim which is based on a ground available under the matrimonial law under which the parties are married; (iii) where the respondent consents to the grant of the relief although the jurisdiction of the forum is not in accordance with the provisions of the matrimonial law of the parties. Ref.: Y. Narasimha Rao and Ors. Vs. Y. Venkata Lakshmi and Anr.[(1991)3 SCC 451:(1991)2 SCR 821]

 

B. The exceptions that Supreme Court has permitted to the above rule laid by it are as follows in a case where husband has filed for divorce in a foreign land: (i) The wife must be domiciled and permanently resident of that foreign land AND the foreign court should decide the case based on Hindu Marriage Act. (ii) The wife voluntarily and effectively attends the court proceedings and contests the claim on grounds of divorce as permitted under Hindu Marriage Act. (iii) The wife consents to grant of divorce. Hence your side needs to argue these accordingly.

C. In general, it can be said that if the partner contesting the divorce actively attends the divorce proceedings in the foreign court, the chances of his or her being able to later successfully approach Indian courts against an unfavorable judgment of the foreign court are very low. Indian courts, or for that matters courts anywhere in the world, do not wish to encourage court-shopping. The well-accepted universal principle of law is – "If someone has accepted the authority of a court, it cannot be open to the person to later question the authority of the court."

D. Consequences of invalid decree of divorce, which is not the case in hand here; (i) If he remarries, he may be prosecuted for bigamy. There is no time limit for the first wife to file a complaint with the police against the husband in the matter of bigamy. As is seen in the case of ref. Y Narasimha Rao (citation ref. of case is mentioned above) that the couple separated in 1978, the man remarried in 1981 and ten years later, Indian Supreme Court ordered for bigamy proceedings to be started against the man. Bigamy is punishable under S. 494 IPC with imprisonment of seven years. [This is not the case in hand; explanation already given above] (ii) Wife (divorced as per foreign law) may file for maintenance [This is not the case in hand as she is charging you for bigamy and not for maintenance]. (iii) In case the man dies without making a will, the first wife will have the right to her share in the property of the man while the second wife will get nothing because her marriage will not be considered legitimate [This again is not the case in hand as she is charging you for bigamy and not for maintenance].

 

Related case laws which you should be aware of are;

Mrs. Anoop Beniwal Vs. Dr. Jagbir Singh Beniwal [AIR 1990 Delhi 305: I (1990) DMC 239]

J. Shyamala Vs. P. Sundar Kumar [ (1990) 2 MLJ 198]

Satya Vs. Teja Singh [AIR 1975 SC 105: (1975) 1 SCC 120]

[Last reply]

My Divorce was granted on Irretrievable breakdown of marriage", Now girl was served in person divorce documents she came for divorce hearing and it was granted and the time of divorce she was domiciled in US and after 2 yrs now since divorce she works in US. So my question since Irretrievable breakdown of marriage", Not valid in HMA would this divorce still is valid ? As domicle and not exparty conditoon are satisfied?? Please advise

you can also file writ petitionin the High court for qashing bigamy proceedings.   Hope sp, that she did not raise any objections before filing bigamy..like declaring the decree of divorce invalid and not acceptable to her...what other claims which she demanded

Before filling bigamy case she had lodged 498a as usual.. My question We both foreign nationals got married in India ... Should foregin marriage would be applicable to us ? As HMA jurisdiction shouldnt be appliavable ??