Divorce Decree Granted by Foreign Court on Ground of Irretrievable Breakdown of Marriage Not Binding in India, Rules SC

In a significant ruling on cross-border matrimonial disputes, the Supreme Court has refused to recognise a US divorce decree granted between two Indian citizens, holding that such orders cannot stand unless the affected party is given a real and effective chance to contest the proceedings. The Court set aside the Bombay High Court’s view, reinforcing safeguards for spouses facing foreign litigation.

The case stemmed from a 2005 marriage solemnised in Mumbai, after which the couple relocated to the United States. Following marital discord, the wife approached a Michigan court seeking divorce on the ground of irretrievable breakdown of marriage. Although the husband challenged the court’s jurisdiction through a written statement, he did not participate in the trial on merits.

The US court proceeded to grant divorce along with financial relief. Parallelly, proceedings were initiated before a Family Court in Pune under the Hindu Marriage Act, 1955, which declined to recognise the foreign decree. This finding was later overturned by the Bombay High Court, triggering the present appeal.

A bench comprising Justice Vikram Nath and Justice Sandeep Mehta held that the High Court erred in recognising the decree, noting that the ground of “irretrievable breakdown” is not a statutory basis under Indian matrimonial law. Relying on Y. Narasimha Rao v. Y. Venkata Lakshmi and the principles under Section 13 of the Code of Civil Procedure, 1908, the Court emphasised that a foreign judgment is enforceable only if the opposing party had voluntarily submitted to jurisdiction and contested the case effectively.

It observed, “the foreign decree is not conclusive and cannot be sustained as a valid decree of divorce between the parties,” finding a clear breach of natural justice. Invoking its powers under Article 142 of the Constitution of India, the Court ultimately dissolved the marriage itself, granting a decree of divorce.