Marriages
Indian courts recognise foreign marriages conducted under and in compliance with the laws of a foreign jurisdiction. Couples, residing in India as civil partners, irrespective of their nationality, can seek a legal remedy under some statutes which provide protection to women against domestic violence or address custody related issues. However, they cannot divorce in India, as divorce is available under the personal matrimonial laws in India which are not applicable to foreigners.
Divorces/annulment
Foreign orders/decrees/judgments cannot be directly executed in India unless they are the judgments of courts in "reciprocating territories". In all other cases, the only mode of giving effect to a foreign judgment is to file a suit on the judgment in an appropriate Indian court, which has to be tested by section 13 of the Civil Procedure Code (CPC). A foreign judgment is conclusive on any matter that has been directly decided on between the same parties or between parties who are litigating under the same title except where:
Case law
The Supreme Court has held that Indian courts will not recognise a foreign divorce decree if the divorce petition is not based on the substantive and jurisdictional grounds provided for divorce under the Hindu Marriage Act 1955 and one of the nine grounds of divorce which must be satisfied (Y Narasimha Rao and others v Y Venkata Lakshmi and others (1991) 3 SCC 451).
The Supreme Court held that a foreign divorce decree will not be recognised by the Indian courts where all of the following apply (Y Narasimha Rao and others v Y Venkata Lakshmi and others (1991) 3 SCC 451):
A party only technically satisfies the requirement of residence in a foreign country with only the purpose of obtaining the divorce.
That party is neither domiciled in that state nor has an intention to make it their home.
There is no substantial connection with the forum.
In Smt Satya v Teja Singh [1975] 2 SCR 1971, the Supreme Court derecognised the decree of divorce of the foreign country on the ground that one party obtained the divorce decree by fraud on the foreign court by representing incorrect jurisdictional facts. The Apex Court held that the concept of residence does not include temporary residence for the purpose of obtaining a divorce.
It is held that marriages which take place in India can only be dissolved under either the customary or statutory law in force in India. Therefore, when a foreign judgment is founded on a jurisdiction or on a ground not recognised by such law, it is in defiance of the law and is unenforceable in India. For the same reason, such a judgment is also unenforceable under clause (f) of section 13 of the Civil Procedure Code, since such a judgment is in breach of the matrimonial law in force in India.
The Supreme Court has also held that "the jurisdiction assumed by the foreign court as well as the grounds on which the relief is granted, must be in accordance with the matrimonial law under which the parties are married. The exceptions to this rule may be:
Where the matrimonial action is filed in the forum where the respondent is domiciled or habitually and permanently resides, and the relief is granted on a ground available in the matrimonial law under which the parties are married.
Where the respondent voluntarily and effectively submits to the jurisdiction of the forum as discussed above and contests the claim, which is based on a ground available under the matrimonial law under which the parties are married.
Where the respondent consents to the granting of relief, although the jurisdiction of the forum is not in accordance with the provisions of the matrimonial law of the "parties".