The Supreme Court held that foreign divorce decrees must satisfy Section 13 of the CPC before recognition by Indian courts.
A UK divorce granted solely on irretrievable breakdown cannot automatically dissolve a marriage solemnised under the Hindu Marriage Act.
The court refused to quash the husband's bigamy proceedings but set aside the case against his parents and second wife.
A foreign divorce decree cannot automatically end a marriage solemnised in India, the Supreme Court has held, rejecting a man's plea to quash criminal proceedings against him for bigamy and criminal conspiracy.
A Bench of Justices Prashant Kumar Mishra and Shree Chandrashekhar made the observation on Tuesday. The court said a foreign divorce decree must satisfy the conditions laid down under Section 13 of the Code of Civil Procedure (CPC) before it can be recognised by Indian courts.
It further held that a divorce granted solely on the ground of irretrievable breakdown of marriage cannot be treated as valid in India when the marriage was solemnised under the Hindu Marriage Act, 1955.
“In our view, the foreign divorce decree was passed in contravention of the existing matrimonial law in India and on a ground that is not even recognised statutorily,” the Bench said.
The court also rejected the argument that the husband's subsequent acquisition of British citizenship and the divorce proceedings in the UK absolved him of liability under Indian law.
Marriage And Move To The UK
The couple married on April 18, 2003, in Sattenapalli, Andhra Pradesh, according to Hindu rites and customs. They later lived in Hyderabad, where the husband was pursuing postgraduate studies at Osmania Medical College.
On February 4, 2005, he moved to the United Kingdom to pursue a career as a doctor. His wife joined him later.
Their relationship subsequently deteriorated. In August 2007, the wife returned to her parental home in Sattenapalli for childbirth. The husband later claimed that she did not return to the UK despite his repeated requests.
Foreign Divorce Proceedings
The husband subsequently approached a court in Narasaraopet, Guntur district, seeking divorce and child custody. However, the proceedings were dismissed. He later moved the Andhra Pradesh High Court but withdrew his appeal.
He acquired British citizenship on February 1, 2013, and subsequently approached the Cambridge County Court in England for a divorce. In 2014, the court dissolved the marriage on the ground of irretrievable breakdown.
He later married another woman in Norfolk, UK.
Bigamy Complaint And Supreme Court Ruling
Nearly two years after the second marriage, the first wife lodged a complaint at the Sattenapalli town police station.
She alleged offences under Sections 494 and 120B, read with Section 34 of the Indian Penal Code (IPC). The husband subsequently approached the Supreme Court seeking to quash the criminal proceedings.
The Supreme Court refused to quash the proceedings against the husband but set them aside in respect of his parents and second wife.
“We cannot accept this submission in the manner canvassed as accused No.1/husband was married to respondent No.2/first wife in India under the Hindu rites, rituals and customs,” the Bench said.
The court added that the allegations under Section 494 of the IPC could not be diluted, as the question of bigamy required an examination of whether the first marriage continued to subsist.
When Can India Recognise A Foreign Divorce Decree?
The ruling reiterates that foreign divorce decrees involving marriages solemnised in India are not automatically recognised by Indian courts.
Under Section 13 of the CPC, a foreign judgment must satisfy certain conditions to be conclusive in India. These include being delivered by a court of competent jurisdiction, being based on a ground recognised under Indian law, following principles of natural justice and not being obtained through fraud.
A divorce granted abroad solely on the ground of irretrievable breakdown may, therefore, not be recognised in India if that ground is not available under the applicable matrimonial law.
The ruling also makes clear that acquiring foreign citizenship after an Indian marriage does not, by itself, remove the obligation to comply with Indian matrimonial law.
A person who remarries on the basis of a foreign divorce decree that is not recognised in India may still face criminal proceedings for bigamy.
