Archive · 14 Sep 2025

Gujarat HC: Foreign Divorce Orders Don't Apply to Hindu Marriages in India

Gujarat HC: Foreign Divorce Orders Don't Apply to Hindu Marriages in India

Imagine a couple married in India under Hindu law, but later moves to another country.

A recent court decision says that if they want a divorce, the rules from the original Indian law still apply, even if the couple lives elsewhere or has different citizenship.

Foreign courts can't just use their own divorce rules for these marriages.

For a foreign divorce to be valid in India, it must follow Indian divorce rules and both people must agree to the foreign court's decisions.

A key reason is that some common grounds for divorce in other countries, like 'irretrievable breakdown,' are not recognized in the Hindu Marriage Act.

Sources