Foreign Law Cannot Dissolve Hindu Marriage Performed Under the Hindu Marriage Act, Even if Couple is Domiciled Abroad or Acquires Foreign Citizenship
- INTRODUCTION
Marriage in India is not just a social institution but also a legal bond governed by personal laws. For Hindus, the Hindu Marriage Act, 1955 (HMA), sets out the conditions for marriage, divorce, and other matrimonial reliefs. In today’s era of globalization, many couples solemnize marriages in India but later move abroad, acquire foreign citizenship, and sometimes seek divorce under foreign laws. The legal question that arises is: Can a foreign court dissolve a Hindu marriage solemnized in India under HMA?Indian courts have consistently held that a marriage performed under HMA can be dissolved only by following the procedure laid down in that Act, regardless of the couple’s domicile or citizenship. Foreign law cannot override the statutory requirements of HMA. - LEGAL FRAMEWORK UNDER HMA
Section 1 of the Hindu Marriage Act expressly states that the Act applies to Hindus domiciled in India and also to those residing outside India, provided the marriage is solemnized under HMA. Once a marriage is validly performed under HMA, it must be dissolved only in the manner recognized by the Act. The grounds for divorce are exhaustively listed in Sections 13 and 13B.This framework ensures uniformity and protects the sanctity of Hindu marriages. If foreign law were allowed to dissolve such marriages, it would lead to uncertainty, conflicting decrees, and injustice to spouses, particularly the one left behind in India. - JUDICIAL INTERPRETATION
The Supreme Court and High Courts have clarified that foreign decrees of divorce are not automatically recognized in India. In Y. Narasimha Rao v. Y. Venkata Lakshmi, the Supreme Court held that a foreign divorce decree is valid in India only if it is granted on grounds available under HMA. Otherwise, it is not enforceable under Section 13 of the Code of Civil Procedure, 1908, which deals with recognition of foreign judgments.Similarly, in Satya v. Teja Singh, the Court refused to recognize a divorce decree granted by a Nevada court because it was obtained without jurisdiction and contrary to Indian law. These rulings emphasize that the validity of marriage and divorce of Hindus must be tested on the touchstone of HMA, not foreign statutes. - EFFECT OF DOMICILE OR FOREIGN CITIZENSHIP
One argument often raised is that once a couple acquires foreign citizenship or domicile, they are governed by the laws of that country. However, Indian courts have rejected this reasoning in the context of marriages solemnized under HMA. Citizenship or domicile may change, but the marriage itself was contracted under Indian law. Therefore, it remains subject to Indian matrimonial law until dissolved under HMA.This position safeguards spouses from being unilaterally divorced under foreign laws, which may provide grounds inconsistent with HMA, such as “irretrievable breakdown” or “no-fault divorce.” Indian law has consciously not adopted such grounds, except where legislatively provided. - POLICY CONSIDERATIONS
Allowing foreign law to dissolve Hindu marriages would undermine the integrity of HMA and create uncertainty for couples with Indian marriages but foreign residence. It would also encourage “forum shopping,” where one spouse rushes to obtain a favorable foreign decree without giving the other an opportunity to contest.The principle laid down by Indian courts balances international comity with protection of Indian citizens’ rights. Recognition is given to foreign decrees only if they are consistent with Indian matrimonial law. This prevents injustice and ensures that statutory safeguards under HMA are not bypassed. - CONCLUSION
A Hindu marriage performed under the Hindu Marriage Act cannot be dissolved by foreign law, even if the couple later becomes foreign citizens or domiciled abroad. The marriage continues to be governed by HMA, and divorce must be obtained under its provisions. This approach upholds the sanctity of Indian matrimonial law, prevents misuse of foreign decrees, and ensures fairness in matrimonial disputes.The clear judicial stance is that personal laws governing marriage in India cannot be displaced by foreign laws. Until legislative change occurs, HMA remains the sole authority for dissolution of Hindu marriages, regardless of where the couple resides.This article has been researched and written by Advocate Aarun Chanda, practicing divorce law in Mumbai and Pune. This article is intended solely for academic purposes and should not be construed as legal advice. Readers are encouraged to consult a qualified lawyer/advocate specializing in divorce cases for professional legal guidance.
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