There is no particular law regarding foreign divorce recognition in India. The basic principle is that if the decree passed by a foreign court confirms the provisions of Indian laws contained under HMA, then it would be valid, and if it doesn’t find any place in Indian Law, then those foreign divorces are contestable.

Recognition generally relies on Sections 13–14 of the Code of Civil Procedure (CPC) and related precedents. In particular, Section 13 CPC lists six exceptions that make a foreign judgment inconclusive in India (lack of competent jurisdiction, not on merits, violation of law, natural justice, fraud, or breach of Indian law). Section 14 CPC then creates a rebuttable presumption that a foreign court had proper jurisdiction. Together, these rules embody international comity but ensure compatibility with Indian public policy and the HMA.

In practice, either a District Court or Family Court can take cognizance of a foreign divorce decree to give it effect. Indian courts give effect to foreign divorce decrees only when full jurisdictional and procedural fairness requirements are met, and when the divorce ground is permissible under the HMA.

If a divorce abroad was on cruelty or other HMA grounds and the respondent participated, it may be recognized if jurisdictional tests are met. But if the respondent only filed a “reply under protest” or was unaware of the proceedings, that is generally insufficient.

Thus, foreign mutual-consent decrees on HMA grounds are usually upheld, whereas contested or “no-fault” decrees often fail unless very strict conditions are satisfied.

Procedure regarding ‘Registration’ of Foreign Divorce

If the foreign decree is from a reciprocating territory, one can execute it under Section 44A CPC (as if it were an Indian decree). This requires filing an execution petition in the district court (with jurisdiction over the defendant’s property or residence) and furnishing a certified copy of the foreign decree and a certificate as to satisfaction.

If it is not from a reciprocating country, or if one simply prefers, the spouse can file a civil suit or petition in India – often a petition for declaration – asking the court to recognize the foreign divorce. In that suit, the foreign decree is produced as evidence (likely as a “foreign judgment” under Section 13 CPC). The court then applies the Section 13 tests; if valid, it can grant a declaration that the marriage is dissolved or otherwise give effect to the divorce.

Category wise Answer.

1) Marriage under HMA- Divorce due to irretrievable breakdown of marriage abroad.

Irretrievable breakdown is not a recognized ground for divorce under HMA. Such a decree is not likely to be recognized by Indian courts (Y. Narasimha Rao v. Y. Venkata lakshmi and anr (1991)).

2) Marriage under HMA & divorce with mutual consent abroad.

If both parties voluntarily submit to the foreign court and agree to the divorce, the decree may be recognized, provided it meets Section 13 CPC exceptions.

Thus, it generally valid if due process is followed, both parties participated, and decree is not contrary to Indian public policy.

3) Marriage under HMA & divorce due to cruelty abroad.

Cruelty is a ground under HMA. Indian courts will check whether both parties had a fair opportunity to participate and the foreign court had proper jurisdiction (Y. Narasimha Rao principles). If ex parte or without proper representation, it may be unenforceable.

4. Marriage under Special Marriage Act & divorce due to irretrievable breakdown of marriage.

SMA does not recognize irretrievable breakdown either. Same as Category 1. Not likely to be recognized under Indian law unless both parties participated and consented.

5) Marriage abroad & divorce abroad due to 1 year separation.

This will be entirely governed by foreign law. The legal question would be whether the Indian party is still considered bound by personal law (HMA/SMA) or governed solely by foreign jurisdiction. If both spouses are domiciled abroad and marriage/divorce are entirely under foreign law, Indian courts may not interfere.

Important Case Laws related to Foreign Divorce

SHARMISHTHA Vs. SUJOY MITRA On 4 August 2008– Foreign Divorce Decree where both parties participated and contested not required to be confirmed by Court of this country. However, decree obtained from foreign country must satisfy requirements of Section 13, CPC.

SATYA V. TEJA SINGH (1975 AIR 105)– The validity of a foreign judgment rendered in a civil proceeding must be determined in India on the terms of Section 13, Civil Procedure Code – A foreign decree of divorce obtained by husband from Nevada State Court in U.S.A. in absentum of wife without her submitting to its jurisdiction will not be valid and binding on a criminal court in proceedings for maintenance under Section 488, Criminal Procedure Code when it is found from the facts on record that decree of divorce was obtained by fraud or by making a false representation as to a jurisdictional fact viz. that the husband was a bonafide resident and was domiciled in Nevada – The decree being open to collateral attack on the jurisdictional fact the recital in the Judgment of the Nevada court that the respondent was a bonafide resident of and was domiciled in Nevada is not conclusive and can be contradicted by satisfactory proof.

Y. NARASIMHA RAO AND OTHERS V. Y. VENKATA LAKSHMI AND ANOTHER (landmark Judgment)- Principles laid down regarding foreign divorce (as I also referred above)- a foreign divorce decree must be given on the merits of the case and based on grounds available under Indian personal laws of marriage.