Supreme Court Declares US Divorce Decree on Irretrievable Breakdown Not Enforceable in India; Grants Divorce Under Article 142 to Couple Married Under Hindu Rites

The Supreme Court on Wednesday held that a decree of divorce passed by a US court on the ground of irretrievable breakdown of marriage is not enforceable in India when the parties were married according to Hindu rites and rituals.

A bench comprising Justices Vikram Nath and Sandeep Mehta observed that irretrievable breakdown of marriage is not recognised as a ground for divorce under the Hindu Marriage Act, 1955, which governs the parties. The Court set aside the judgment dated 4th March 2010 passed by the High Court of Judicature at Bombay in Writ Petition No. 1242 of 2010 and restored the order of the Family Court, Pune dated 14th September 2009 upholding its jurisdiction.

The appellant-husband and respondent-wife were married on 25th December 2005 in Mumbai according to Hindu rites. Both were residing in the United States at the time of marriage. The appellant-husband is an Indian citizen holding a green card. The couple briefly stayed together in Pune during visits to India. The respondent-wife filed for divorce in the Circuit Court for the County of Oakland, Michigan on 25th September 2008. The appellant-husband was served but only filed a written statement by post contesting jurisdiction and did not participate further in the proceedings.

The US court granted divorce on 13th February 2009 on the ground of irretrievable breakdown of marriage and passed consequential orders on property and attorney fees. Meanwhile, the appellant-husband filed a divorce petition on 24th October 2008 before the Family Court, Pune under Section 13(1)(i)(a) of the Hindu Marriage Act, 1955 claiming jurisdiction on the ground that Pune was their matrimonial home.

The Family Court, Pune rejected the respondent-wife’s application challenging jurisdiction and held that the Hindu Marriage Act, 1955 applies since the marriage was solemnised in India according to Hindu rites, even though the parties had settled abroad. It further noted that the US decree was based on a ground not recognised under the Hindu Marriage Act, 1955 and that the appellant-husband had never submitted to the jurisdiction of the US court.

The Bombay High Court reversed this finding, holding that the parties were domiciled in the US and that the Circuit Court for the County of Oakland had jurisdiction. The High Court set aside the Family Court’s order.

The Supreme Court held that the foreign decree does not satisfy the conditions laid down in Y. Narasimha Rao v. Y. Venkata Lakshmi (1991) 3 SCC 451. The Court observed that the ground of irretrievable breakdown of marriage is not available under the Hindu Marriage Act, 1955. Further, the appellant-husband had only sent a written statement by post and had not voluntarily or effectively submitted to the jurisdiction of the US court nor participated meaningfully in the proceedings. Principles of natural justice were not satisfied.

The Court clarified that the matrimonial home was at Aundh, Pune as the parties had stayed there during their visits to India, even if briefly, and that it was the place where they last resided together in India. Consequently, the Pune Family Court had jurisdiction.

However, noting that the parties have been separated since 2008 for nearly eighteen years with no prospect of reconciliation, the Supreme Court exercised its jurisdiction under Article 142 of the Constitution of India and granted a decree of divorce on the ground of irretrievable breakdown of marriage to bring quietus to the long-pending litigation.

The appeal was allowed. The impugned judgment of the Bombay High Court dated 4th March 2010 is set aside. The Registry has been directed to draw up a decree of divorce accordingly. The petition for divorce instituted at Pune stands closed and disposed of in view of the decree granted by this Court.

Cause Title: Kishorekumar Mohan Kale v. Kashmira Kale| C.A. No. 1342 of 2013

Click HERE for full order.