Gujarat High Court: Foreign Divorce Not Valid for Hindu Marriages

Ahmedabad: The Gujarat High Court has clarified that marriages solemnised under the Hindu Marriage Act, 1955 (HMA) cannot be dissolved by a foreign court. It ruled that divorces granted abroad have no legal effect in India if the marriage was performed and registered under the HMA.

A Division Bench of Justice A.Y. Kogje and Justice N.S. Sanjay Gowda delivered this judgment while hearing appeals filed by a wife challenging the dismissal of her plaint by the Family Court under Order 7 Rule 11 of the Civil Procedure Code, 1908.

Referring to the Supreme Court’s decision in Y Narasimha Rao v. Y Venkata Lakshmi, the Bench observed that only Indian courts have jurisdiction over matrimonial disputes arising from Hindu marriages conducted in India. The judges held that the reasoning of the Family Court—that the Australian Court had jurisdiction—was legally flawed.

The wife had argued that the divorce granted by an Australian court was without jurisdiction and, therefore, void. The High Court agreed, stating that her plaint could not be rejected for lack of cause of action since she had raised a valid challenge.

The couple had married in Ahmedabad in 2008 as per Hindu rituals. After moving to Australia, they became citizens there, but both later acquired Overseas Citizenship of India (OCI) cards. In 2016, the husband filed for divorce in Australia, which was granted. The wife contested it in Indian courts, claiming only Indian law applied to their marriage.

The High Court noted that foreign judgments are not conclusive under Section 13 of the CPC if the foreign court lacks jurisdiction. It stressed that matrimonial disputes concerning marriages solemnised in India must be governed by the HMA.

The Bench held that the Family Court erred in dismissing the wife’s suit and restored her right to pursue remedies under Indian law. The appeals were accordingly allowed.

Case Title: ABC v. XYZ (Neutral Citation: 2025:GUJHC:49833-DB)