Divorce Involving Indian and Foreign Jurisdictions

• Divorce matters are inherently complex, and the complexity increases significantly when Indian divorce laws intersect with foreign divorce proceedings.

• Several legal questions commonly arise when marriages solemnized in India face dissolution abroad.

Key Questions That Typically Arise

• Can a marriage performed in India be dissolved by a foreign court?

• Can Indian citizens residing abroad (e.g., in the U.S.) file for divorce in a foreign court such as a U.S. court?

• Is a divorce decree granted by a foreign court (e.g., U.S. court) legally valid, enforceable, and binding in India?

• Is an ex-parte divorce decree (granted without one party’s participation) by a foreign court valid and binding in India?

• Can an Indian court restrain a spouse from pursuing divorce proceedings in a foreign country?

• Can a spouse independently initiate divorce proceedings in a foreign jurisdiction (e.g., U.S. court)?

• Does a foreign divorce decree (e.g., from a U.S. court) require validation or recognition by Indian courts to be effective in India?