Kerala HC Affirms: Foreign Divorce Decrees Valid in India with Mutual Consent to Jurisdiction
The Kerala High Court reaffirmed the validity of foreign matrimonial judgments in India under specific conditions in its ruling in Arun A v. The Marriage Officer (Sub-Registrar). This judgment highlights the legal framework guiding the recognition of foreign divorce decrees, especially when parties consent to the jurisdiction of a foreign court.
Case Background
The petitioner, Arun A, a British citizen of Indian origin, sought to solemnize a new marriage under the Special Marriage Act, 1954, following a divorce granted by a UK court. Despite fulfilling the procedural requirements, the respondent (Marriage Officer) declined to act upon the petitioner’s notice, citing ambiguities about his marital status and citizenship.
The petitioner had been married in India in 2011 but later filed for divorce in the United Kingdom, where both parties had voluntarily submitted to the jurisdiction of the family court. The UK court granted a divorce decree on November 30, 2022, as substantiated by the petitioner's documents.
Court's Analysis and Decision
Justice P.V. Kunhikrishnan emphasized the significance of recognizing foreign matrimonial judgments, referencing the Supreme Court's ruling in Y. Narasimha Rao v. Y. Venkata Lakshmi (1991). According to this precedent, foreign decrees are recognized if:
- The jurisdiction assumed by the foreign court aligns with the matrimonial laws under which the marriage was solemnized.
- Both parties voluntarily submit to the foreign court's jurisdiction and consent to the relief.
In this case, the petitioner and his former spouse had unequivocally accepted the UK court’s authority. The High Court observed that the respondent’s refusal to acknowledge the divorce decree lacked merit and directed the Marriage Officer to proceed with the petitioner’s application under the Special Marriage Act.
This decision reiterates the principles laid out in Section 13 of the Code of Civil Procedure, 1908, which governs the recognition of foreign judgments in India. The Kerala High Court clarified that voluntary submission to foreign jurisdiction and mutual consent are sufficient grounds for validating a foreign matrimonial decree, even if the jurisdiction differs from Indian matrimonial law.
By affirming the validity of foreign matrimonial decrees, the Kerala High Court has reinforced the legal rights of individuals navigating cross-border matrimonial disputes. This decision not only upholds procedural fairness but also ensures that Indian citizens residing abroad are not disadvantaged due to jurisdictional technicalities.
Case Title: Arun A v/s Marriage Officer
Date: July-07-2023
Bench: P.V.KUNHIKRISHNAN
