P. V. KUNHIKRISHNAN
Arun A. – Appellant
Versus
Marriage Officer (Sub-Registrar) – Respondent
Based on the provided legal document, the key points are as follows:
The petitioner, who is now a British citizen, previously married and divorced in the UAE, has obtained a divorce decree from the UAE Personal Status Court, which he seeks to have recognized in India (!) (!) .
The petitioner has submitted a notice of intended marriage under the Special Marriage Act, 1954, but the respondent, the Marriage Officer, has not acted upon this notice (!) .
The petitioner has requested the court to direct the respondent to solemnize the marriage in accordance with the provisions of the Special Marriage Act, taking into account the divorce decree issued by the UAE court (!) (!) .
The court considered the principles regarding the recognition of foreign matrimonial judgments, emphasizing that such judgments can be recognized in India if the jurisdiction and grounds are consistent with the matrimonial law under which the parties were married or if the respondent voluntarily submits to the foreign court's jurisdiction and consents to the relief granted, even if the jurisdiction was not in accordance with the applicable matrimonial law (!) (!) (!) .
The court found that the materials on record clearly demonstrated that the petitioner and his ex-wife voluntarily and effectively submitted to the jurisdiction of the UAE Personal Status Court and consented to the divorce, despite the jurisdiction not aligning with the applicable matrimonial law (!) .
Consequently, the court recognized the UAE divorce decree as valid and conclusive in India (!) .
Based on these findings, the court allowed the writ petition, quashed the respondent's communication denying the marriage, and directed the respondent to solemnize the marriage upon receipt of the notice, considering the divorce decree (!) (!) .
The petitioner is instructed to produce a certified copy of this judgment along with the writ petition before the respondent for compliance (!) .
The judgment reinforces that foreign judgments in matrimonial matters can be recognized in India under specific conditions, particularly when the parties have voluntarily submitted to the foreign court’s jurisdiction and the relief granted aligns with the grounds available under the matrimonial law under which they were married.
JUDGMENT
The above writ petition is filed with the following prayers;—
“(i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent herein to solemnize the marriage by accepting Ext-P10 notice immediately under Special Marriage Act in accordance with the provision contained in the said Act by taking note of Ext P8 divorce decree.
(ii) Declare that the respondent is duty bound to accept Ext-P8 and to allow the petitioner for registering his marriage under Special Marriage Act.
(iii) Grant such other reliefs as this Honorable Court would deem fit and proper.
(iv) Dispense with production of filing translation of vernacular documents “(SIC)
2. The petitioner was an Indian citizen earlier and now he is a British citizen which is evident by Exts.P3 and P4 British passports. The petitioner married one Anjana in the year 2011 and subsequently because of difference of opinion between them, a divorce application was filed before the Family Court in HM Courts and Tribunal Services in U.K., which is evident by Ext.P6. It is submitted that the HM Court heard the matter in detail and passed the decree of divorce absolute on 30.11.2022 as eviden
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