The Gujarat High Court held that a marriage solemnized in India under the Hindu Marriage Act (HMA) can only be dissolved in accordance with the provisions of the HMA, irrespective of subsequent acquisition of foreign citizenship or domicile. A foreign divorce decree based on grounds not recognized under Indian law (such as irretrievable breakdown) cannot be treated as conclusive under Section 13 CPC. Accordingly, the rejection of the wife’s suits under Order 7 Rule 11 CPC, one seeking restitution of conjugal rights and another challenging the validity of an Australian divorce decree, was set aside, affirming that matrimonial status must be adjudicated by Family Courts in India.
Category: Hindu Marriage Act |
Posted on: September 8, 2025 |