KOLKATA: The Calcutta High Court has ruled that foreign courts are competent to hear divorce and maintenance cases, even if the marriage was solemnized in India, provided one spouse resides in that foreign country.

The ruling came as a Division Bench of Justice Sabyasachi Bhattacharyya and Justice Supratim Bhattacharya overturned an interim order from a civil court in Alipore. The Alipore court had previously restrained a woman from pursuing divorce and maintenance proceedings in the Central Family Court in the United Kingdom, arguing that the UK court lacked jurisdiction and any decree passed there would be inconclusive under Indian law. The High Court stated that Indian courts should not interfere with foreign court proceedings at a preliminary stage by questioning the foreign court's jurisdiction.

The case originated from a marriage solemnized in Kolkata on December 15, 2018, following Hindu rites. The husband initiated divorce proceedings in the Alipore court in September 2024. Subsequently, in October 2024, the wife filed for divorce and financial relief in the UK family court. The Alipore court then issued an interim anti-suit injunction, preventing the wife from continuing the UK proceedings. The court also considered a maintenance order from the UK court to be unduly burdensome.

The Calcutta High Court, in setting aside the injunction, clarified that issues of territorial jurisdiction, habitual residence, and appropriate forum should be determined by the court where proceedings are initially filed, especially when that court has already taken cognizance of the matter. The High Court also noted that the UK family court had put a hold on further divorce and maintenance proceedings until the jurisdictional question was resolved.

This ruling aligns with the principle that mutual consent divorces granted by a foreign court are valid and legally binding in India under Section 13 and 14 of the Code of Civil Procedure (CPC). This applies to couples who married in India and later moved abroad, or to Non-Resident Indians (NRIs) or citizens of another country who married in India under the Hindu Marriage Act, 1955.

However, the enforceability of contested divorces depends on whether the judgment aligns with Section 13 of the CPC and if the grounds for divorce are recognized under Indian law. For instance, a divorce granted by a foreign court on grounds not recognized by the Hindu Marriage Act, 1955, is not enforceable in India. Grounds for divorce recognized by Indian courts include adultery, desertion, insanity, conversion, renunciation, cruelty, and venereal disease. A petition for divorce can also be filed with mutual consent under Section 13B.

The High Court referenced that judgments passed by foreign courts must be respected by Indian courts unless they fall under the exceptions outlined in Section 13 of the Code of Civil Procedure. Section 13 specifies conditions under which a foreign judgment is not conclusive, such as when it's not rendered by a competent court, not based on the merits of the case, founded on incorrect international law, or violates natural justice.