The Supreme Court dissolved the marriage of an NRI couple, utilizing its special powers under Article 142 of the Constitution for complete justice. The court found that the relationship had irreparably broken down with no chance of reconciliation. The decision overturned a Bombay High Court ruling that had upheld a foreign divorce decree granted by a US court, stating that Indian courts had no jurisdiction.
The couple, who married in Mumbai in 2005, faced marital disputes and pursued divorce in different countries. The wife filed for divorce in the US, while the husband initiated proceedings in India under the Hindu Marriage Act. Despite the US court granting a divorce decree in 2009, the Supreme Court ruled that it did not align with Indian law and was not automatically recognized in India.
The Supreme Court emphasized that the husband had not actively participated in the US proceedings, questioning the validity of the foreign decree. Referring to a previous ruling, the court reiterated that foreign divorce decrees must meet specific criteria to be recognized in India. Given the prolonged separation of the couple, the court granted a divorce decree based on the irretrievable breakdown of the marriage.
