HC rejects NRI's plea in matrimonial dispute

In a matrimonial dispute, the Delhi High Court has held that divorce granted by a foreign court on the ground of "irretrievable" break down of marriage is not recognised under the Hindu Marriage Act and the dissolution of marriage is not valid.
"Both the parties are Indians and marriage between them was solemnised at New Delhi according to Hindu rites and both are governed by the Hindu Marriage Act (HMA). Their marriage has been dissolved by a court in UK on the ground of having been broken down irretrievably which is not a ground for divorce under the HMA..." Justice Veena Birbal said.

The court cited a Supreme Court judgement, in which the apex court had held that a decree of divorce granted by a foreign court is not valid in India if the ground is not recognised by Indian law.
The court rejected the claim of an Indian-origin UK resident, that Ilford County Court, UK, had in 2011 already granted divorce and the trial court here should drop the divorce proceedings against him on his wife's plea for dissolution of marriage under the Hindu Marriage Act.
Upholding the trial court order dismissing the man's plea, the court concurred with the trial court."...In view of the above discussion, no illegality is seen in the impugned order which calls for interference of this court. Petition is dismissed."

The court also rejected the man's argument that the UK court had made the decree "absolute" on the ground of "irretrievable breakdown" of marriage and his wife was also informed about the proceedings there.