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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK JAIN
Aditya Prasad – Appellant
Versus
Perena Gupta – Respondent
ORDER :
VIVEK JAIN, J.
The present petition under Article 227 of the Constitution of India has been filed by the petitioner-husband being aggrieved by the order dated 06.10.2025 passed by the Family Court, Jabalpur, whereby application of the petitioner under Section 44-A of the Code of Civil Procedure 1908, has been rejected by the Family Court.
2. The learned counsel for the petitioner has argued before this Court that a marriage between the petitioner and the respondent was solemnised in India on 28.11.2019 and a marriage certificate was issued by the Marriage Registering Officer, Jabalpur on 02.12.2019. It is argued that both the parties i.e. petitioner-husband and respondent-wife are citizens of India but because the husband is at present domiciled in New Zealand as he is residing in New Zealand since the year 2021 and he intends to settle down in New Zealand permanently, therefore, he filed an application for divorce before the Court at New Zealand i.e. Family Court, Auckland, New Zealand in FAM-2023-095-005830 under Family Proceedings Act, 1980 applicable in New Zealand.
3. It is argued that on account of irreconcilable breakdown of marriage, which is a ground under Section 39 o
The jurisdiction over matrimonial disputes involving Hindus married in India remains under Indian law, regardless of their foreign citizenship, thus invalidating foreign divorce decrees not adhering ....
A marriage established under the Hindu Marriage Act remains valid and binding regardless of subsequent foreign citizenship, thus Indian courts have jurisdiction over related matrimonial disputes.
Jurisdiction cannot be denied under the Hindu Marriage Act due to prior marriage location in a now foreign territory.
Wedding reception cannot be called as a part of marriage ritual.
The court ruled that foreign divorce decrees are not valid if parties did not effectively submit to the foreign jurisdiction, highlighting the importance of domestic matrimonial laws.
Foreign divorce decrees may be recognized in India under local law if they adhere to legal standards; custody matters involving children must be independently evaluated by Indian courts.
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