Various family issues like DIVORCE, ANNULEMENT, CHILD CUSTODY amongst others are faced by NRIs and Indian’s Living Abroad. Divorce itself is complicated issue, the complication compounds and aggravates when it involves Indian Law of Divorce and is a Foreign Divorce, various issues arise out of the same.
The many questions and queries that arise from such situation can be summarized as “Can a marriage which is solemnized in India, be dissolved by foreign Court of Law? Can Indian’s living abroad for eg say US, UK file a case for Divorce in foreign Court in US or UK Court of Law? Whether a decree of divorce granted by the foreign Court say US , UK Court is valid, legal and binding in India? Whether an exparte decree of divorce granted by foreign Court, say US, UK court, will be valid and binding in India? Can the Indian Court restrain a spouse who has instituted divorce proceedings in a foreign country? Can a person file for divorce in foreign country say US, UK Court ? Is it necessary that if a divorcee decree is obtained from foreign Court say US, UK Court need to be validated in India by Indian Courts.
Answer to all the aforesaid questions and queries differs from situation to situation and case to cases basis. As per Indian Law as interpreted by Indian Court including the Supreme Court of India on NRI divorce issues, settled position can be stated as under, Mutual consent divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of Code of Civil Procedure and also on account of comity of Nations. Such decree of divorce granted by foreign Courts need not be validated in Indian Courts, however, as a matter of precaution, one can approach to the Indian Court for declaring that divorce is valid and binding.