DIVORCE LAW
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The recent trend is to eliminate defenses in divorce cases,<br />
and states that have adopted marriage breakdown or a<br />
similar standard as the sole reason for divorce have<br />
eliminated condonation as a defense.<br />
Recognition of Foreign Court divorces in India<br />
A divorce obtained by an NRI from a foreign court without<br />
the spouse's submission to the jurisdiction of that court is<br />
invalid. A divorce granted by a foreign court on the ground<br />
of "irretrievable" breakdown of marriage is not recognised<br />
under the Hindu Marriage Act and the dissolution of<br />
marriage cannot be valid. If both parties are Indians and the<br />
marriage between them was solemnized in India according<br />
to Hindu rites and both are governed by the Hindu Marriage<br />
Act (HMA) then the marriage between them cannot be<br />
dissolved by way of a foreign decree. The Supreme Court in<br />
Y Narashimha Rao & ors V. Y.Venkata Lakshimi & Anr.<br />
(1991) 3 SCC 451 declined to give its imprimatur to foreign<br />
decree which did not take into consideration the provisions<br />
of Hindu Marriage Act under which the parties were<br />
married. The Supreme Court while interpreting Section 13<br />
of CPC has held that unless the respondent voluntarily and<br />
effectively submitted to the jurisdiction of the foreign court<br />
and contested the claim which is based on the grounds<br />
available in the matrimonial law under which the parties<br />
were married, the judgment of the foreign court could not be<br />
relied upon. Delhi High Court in the case of Pritam Ashok<br />
Sadaphule v. Hima Chugh (2013) 200 DLT 374, has<br />
Divorce Law – An Overview
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