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1991 0 Supreme(SC) 305 : A couple married in India can obtain a divorce in India under the Hindu Marriage Act, 1955, even if they have become US citizens and reside in the United States. The Indian courts have jurisdiction to entertain a divorce petition if the marriage was solemnized in India, or if the parties last resided together in India, or if the respondent resides in India at the time of filing. However, a foreign divorce decree obtained in the US on grounds not recognized under Indian law (such as ''''irretrievable breakdown of marriage'''') or obtained by fraud (e.g., misrepresenting jurisdictional facts like 90-day residence) is not enforceable in India. Therefore, if the wife wishes to obtain a divorce in India, she can file a petition in the appropriate Indian court (such as a District Court within the local limits of whose jurisdiction the marriage was solemnized or the parties last resided together), and the Indian court will adjudicate the matter based on Indian law, regardless of the foreign divorce proceedings.Checking relevance for SURYA VADANAN VS STATE OF TAMIL NADU...
Checking relevance for Y. Narasimha VS Y. Venkatalakshmi...
1991 0 Supreme(SC) 302 : A couple married in India cannot obtain a divorce in India based on a foreign divorce decree obtained in the USA if the foreign court lacked jurisdiction or granted divorce on grounds not recognized under Indian law. In this case, the wife (respondent) was not present or represented in the Missouri court, the court had no ''''in personam'''' jurisdiction over her, and the marriage was governed by the Hindu Marriage Act, 1955, which does not recognize ''''irretrievable breakdown'''' as a ground for divorce. The foreign decree was obtained by misrepresenting residence in Missouri and was not enforceable in India. Therefore, the wife must file a petition for divorce in India before a competent Indian court (such as a District Court within the local limits where the marriage was solemnized, where the respondent resides, or where the parties last resided together), and the divorce can only be granted on grounds recognized under the Hindu Marriage Act, 1955, such as cruelty, desertion, or adultery.Checking relevance for Jorden Diengdeh VS S. S. Chopra...
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2023 0 Supreme(Del) 3335 : A couple married in India, even if they later become US citizens and settle in America, can still pursue divorce proceedings in India if their marriage was solemnized under the Hindu Marriage Act and they maintain significant ties to India. The court held that since both parties are Indian citizens, the marriage was consummated in India, and they have substantial connections to India—including properties, family, and official documents issued from Indian addresses—their marriage should be dissolved under Indian law. The wife’s residence in India, lack of independent support to defend a case in the US court, and her participation in proceedings under the Protection of Women from Domestic Violence Act, 2005 in India further support the jurisdiction of Indian courts. Therefore, the wife can validly seek divorce in India, and Indian courts have jurisdiction to dissolve the marriage based on these ties.Checking relevance for Rajkumar Sasidharan, S/o. Late K. Sasidharan VS Superintendent of Police, East Fort Police Station, Trivandrum...
2021 0 Supreme(Ker) 1075 : A woman who married in India and moved to the USA with her husband, even if she later becomes a US citizen, can still initiate divorce proceedings in India. The Family Court in India has jurisdiction to hear applications for divorce and custody of a minor child, even if the child is a US citizen, provided the mother is an Indian citizen and the child has been residing in India. The court emphasized that the welfare of the child is the paramount consideration in custody matters, and the child''''s citizenship or the country of residence of the parents does not automatically bar Indian courts from exercising jurisdiction. The father''''s attempt to challenge the jurisdiction of the Indian Family Court on the basis of the child''''s US citizenship and the principle of comity of courts was dismissed. The court directed the petitioner (father) to appear before the Family Court, Thiruvananthapuram, for an enquiry into custody, with the welfare of the child being the primary factor. Therefore, the wife can pursue divorce and custody in India, and the Indian courts have jurisdiction to decide such matters.Checking relevance for CHAITANYA S. NAIR (MINOR) VS UNION OF INDIA...
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2023 0 Supreme(Mad) 1151 : A marriage solemnized in India under the Hindu Marriage Act can only be dissolved in India by a court of competent jurisdiction. A foreign court, such as a U.S. court, does not have jurisdiction to pass a decree of divorce in such cases, especially when the marriage was performed in India and governed by Indian personal law. The Indian court is the only court competent to entertain the matrimonial dispute. Therefore, the wife can file for divorce in India, and the Indian court will have jurisdiction to decide the matter, regardless of the couple''''s current citizenship or residence in the U.S. Additionally, a foreign divorce decree obtained in the U.S. is not binding in India and cannot be enforced here, as it was passed by a court without competent jurisdiction under Indian law.
