ABSTRACT
The subject of “how good is a decision of divorce granted by a foreign court concerning a Hindu couple married in India?” comes up in several contexts. All of us are starting to hear this question frequently. The first response that would come to mind with us would be that a Hindu couple living or working in abroad should be subject to matrimonial laws. Therefore, the divorce decree issued by the foreign court ought to be legitimate.A Hindu boy and a Hindu girl fell in love, wed in India, migrated abroad, and led happy lives. There are times when a husband and wife’s relationship deteriorates after going abroad. At this point, either the wife or the husband (or occasionally both) wants a divorce. There are not many legal concerns if the divorce is mutually agreed upon. However, the courts become involved if one party wants a divorce but the other does not.Is this divorce decree valid? is the main concern at this point. This article investigates this issue from the standpoint of Indian law.
INTRODUCTION
In matters relating to marriage and divorce, problems arise When one spouse in a marriage has acquired a divorce order overseas, and issues can develop in marriage and divorce-related matters. The foreign court that issued the decree did not have jurisdiction, or its exercise of jurisdiction was based entirely on misrepresentation or inaccurate or insufficient information submitted by the petitioner, hence Indian courts refused to recognize the decree. This causes a situation known as “limping marriages,” which is when a marriage is acknowledged as having ended in one jurisdiction but is still recognized as lawful and continuing under the laws of another country.
As a result, anyone who has gotten such a divorce would be entering into subsequent marriage, committing an act of bigamy under the law of the nation, which does not recognize the divorce as legitimate, by getting married again. It also analyses the application of foreign law to the recognition of marriages and foreign divorce decrees. The paper also considers whether decisions made by foreign courts in divorce matters are recognized in India.