The Supreme Court has clarified that a marriage conducted in India cannot be automatically dissolved by a divorce decree issued by a foreign court. The apex court emphasised that such foreign judgments must comply with Indian legal requirements to be recognised within the country. This ruling was made by a bench comprising Justices Prashant Kumar Mishra and Shree Chandrashekhar on Tuesday.

The court specifically stated that a divorce granted in a foreign jurisdiction solely based on the irretrievable breakdown of marriage is not valid under Indian law when the marriage was solemnised under the Hindu Marriage Act, 1955. The bench dismissed a man’s plea to quash criminal proceedings against him for bigamy and conspiracy.

Legal Requirements for Recognition of Foreign Divorce

The Supreme Court ruled that a foreign divorce decree must meet the conditions outlined in Section 13 of the Code of Civil Procedure (CPC) to be enforceable in India. The bench noted that the foreign decree was issued in violation of Indian matrimonial laws and on grounds not recognised by Indian statutes.

The court reiterated that the validity of a marriage solemnised under Indian law cannot be determined solely by foreign legal proceedings. It rejected the argument that the husband’s foreign citizenship and divorce could absolve him of legal responsibilities under Indian law.

The bench stated that the husband, who was married to his first wife in India, could not evade liabilities arising from that marriage, even if he later married another woman abroad. The court highlighted that allegations of bigamy must consider whether the first marriage remained valid.

Details of the Case Involved

The case involved a man who married his first wife on April 18, 2003, in Sattenapalli, Andhra Pradesh, according to Hindu customs. The couple lived in Hyderabad, where the husband was studying at Osmania Medical College. In February 2005, he moved to the United Kingdom to pursue a medical career, and his wife joined him later.

In August 2007, she returned to her parental home in Sattenapalli for childbirth and did not return to the UK despite his requests. As their relationship deteriorated, the husband initiated divorce and child custody proceedings in Narasaraopet, Guntur district, but these were dismissed. He later approached the Andhra Pradesh High Court but withdrew the appeal.

The husband acquired British citizenship on February 1, 2013, and subsequently sought a divorce from the Cambridge County Court, which was granted in 2014 on the grounds of irretrievable breakdown of marriage. He then remarried in Norfolk, UK. His first wife later filed a complaint with the police in Sattenapalli, alleging offences under Sections 494 and 120B of the Indian Penal Code.

Implications of the Ruling

The Supreme Court refused to quash the criminal proceedings against the husband but set aside the proceedings against his parents and second wife. This ruling reinforces that foreign divorce decrees involving marriages conducted in India do not automatically change marital status under Indian law, and such decrees must meet statutory requirements.

Consequently, individuals who remarry based on a foreign divorce decree that lacks recognition in India may still face legal consequences for bigamy. The ruling underscores the importance of adhering to Indian legal standards for the recognition of foreign divorce decrees.

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