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1.  INTRODUCTION
   The globalization of marriage and divorce has amplified the incidence of cross-border matrimonial disputes, raising intricate questions about jurisdictional validity. Courts worldwide confront cases where foreign divorce decrees, once presumed final, are challenged for jurisdictional defects. This article examines how such errors arise, the doctrinal frameworks courts employ to assess jurisdiction, and the practical ramifications for individuals navigating international divorces. At times a spouse selects court jurisdiction for matrimonial dispute based on the country’s suitability, convenience, applicable law & advantage. Selective jurisdiction severely affects the probability of winning a case. Indian courts recognise foreign divorce decrees only if it is granted on the ground recognised by the Indian laws i.e. cruelty, desertion, etc, and the defending spouse was given reasonable opportunity to defend. The spouse filing a divorce petition abroad has to prove that the defending spouse had intention of permanently staying in the country or has a domicile in the foreign country. There must be reciprocal arrangements between India and the foreign country for the grant of divorce. The Indian government must have passed a gazette for recognising divorce decree in the said country.
2. BACKGROUND
   Under traditional jurisdictional doctrines, a court’s power to dissolve marriage hinges on subject-matter and personal service principles. In cross-border contexts, these doctrines can conflict with forum non conveniens considerations and comity. While treaties like the Hague Convention on Private International Law shape some coordination, no universal treaty governs divorce jurisdiction, leaving divergent domestic approaches.
3. COMMON JURISDICTIONAL ERRORS IN FOREIGN DIVORCE DECREES
   i. LACK OF PROPER DOMICILE OR HABITUAL RESIDENCE
   Many countries require one party to reside domiciled or habitually reside within territorial bounds. If a foreign court grants a divorce absent this threshold, other jurisdictions may refuse recognition.ii. INSUFFICIENT SERVICE OF PROCESS
   Foreign decrees may falter where the other spouse was improperly served or lacked notice entirely, raising procedural due-process concerns.

   iii. FORUM SHOPPING AND IN REM JURISDICTION ABUSE
   Seeking to maximize favorable laws, parties may exploit liberal foreign statutes or lax jurisdictional safeguards. Recognition courts may rebuff decrees tainted by forum shopping.

   iv. RECOGNITION STANDARDS IN RECEIVING JURISDICTIONS
   COURTS GENERALLY ASSESS FOUR KEY FACTORS WHEN CONSIDERING RECOGNITION OF FOREIGN DIVORCES:
   a. JURISDICTION PROPERLY ACQUIRED
   Was the residency requirement met? Did personal jurisdiction attach?

   b. FAIRNESS AND DUE PROCESS
   Did both parties receive adequate notice and opportunity to be heard?

   c. AUTHENTICITY AND FINALITY
   Is the judgment genuine and final under the issuing jurisdiction’s law?

   d. PUBLIC POLICY
   Does recognition violate fundamental principles—such as bigamy or prohibited marriages (e.g., same-sex marriage where not recognized)?

   These criteria reflect a balancing of respect for foreign judicial decisions against preservation of domestic sovereignty and procedural integrity.

4. CASE STUDIESa. UNILATERAL FOREIGN DIVORCE WITHOUT NOTICE
   In Doe v. Doe, a spouse obtained a divorce in Country A without serving the other, then married in Country B. When the second marriage was challenged, Country B courts refused to recognize the Country A decree, citing lack of notice and jurisdiction. The decision underscored that fair process is foundational to inter-jurisdictional comity.

   b. FORUM-SHOPPING
   Forum-shopping in “Divorce Mills” Cases involving rapid, online divorces where residency is attained through transient stays have drawn scrutiny. Courts in more stringent jurisdictions have denied recognition, characterizing such judgments as lacking genuine jurisdiction.

5. PRACTICAL IMPACTS AND RECOMMENDATIONS INDIVIDUALS AND PRACTITIONERS SHOULD PROACTIVELY:
   a. ESTABLISH CLEAR JURISDICTIONAL GROUNDS: Ensure domicile or habitual residence is demonstrably met; document length and nature of residency.b. PRIORITIZE PROPER NOTIFICATION: Secure acknowledged service of process, particularly when one spouse is abroad.

   c. ANTICIPATE RECOGNITION CHALLENGES: Consider dual-track filings—domestic petition in parallel with foreign filing to preserve options.

6. CONCLUSION
   Foreign jurisdiction plays a pivotal yet complex role in the dissolution of marriages. Jurisdictional errors in divorce decrees—whether based on domicile, improper notice, or forum-shopping—can have profound repercussions, particularly when recognition is contested. For individuals and legal professionals alike, awareness and prudence in establishing jurisdictional legitimacy are indispensable.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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