Chandigarh, February 20:
Disputes between spouses often lead to divorce, and such cases are commonly heard in courts worldwide. However, a unique case in the Chandigarh District Court resulted in an unprecedented ruling where an American court’s divorce decision was invalidated.
In a landmark judgment, Civil Judge Kaushal Kumar Yadav of Chandigarh District Court ruled that a five-year-old divorce decree issued by the Superior Court of California was not valid in India.
Case Background
A woman from Chandigarh married a man from Yamunanagar, Haryana. However, just three and a half months after their wedding, the husband filed for divorce—not in India, but in a U.S. court. Despite the woman’s objections, the California court granted the divorce, disregarding her plea. Refusing to accept the verdict, the woman took legal action in Chandigarh, challenging the foreign ruling through her lawyer, Advocate G.S. Kaushal.
Violation of Hindu Marriage Act
Advocate Kaushal argued that, according to the Supreme Court of India, any foreign court ruling on divorce must align with the Hindu Marriage Act, 1955 to be recognized in India. In this case, the divorce was granted within three and a half months of marriage, while Section 14 of the Hindu Marriage Act states that a divorce petition cannot be filed within the first year of marriage. Since the California court’s judgment did not adhere to Indian marriage laws, it held no legal standing in India. Additionally, the husband did not appear in court to defend his case, leading to the ruling against him.
Case Timeline
The couple got married on May 28, 2019, in Yamunanagar, and their marriage was officially registered under the Hindu Marriage Act on June 13, 2019. Initially, they lived in Yamunanagar and even went on a honeymoon to Kerala for a month. However, after moving to the U.S., the husband abandoned his wife and later filed for divorce in the Superior Court of California. On July 10, 2019, the woman received summons from the U.S. court, and through her legal representative, she opposed the divorce, arguing that their marriage fell under Indian jurisdiction. Despite her objections, the American court ruled in favor of the husband.
Divorce to Escape Legal Responsibilities
Advocate Kaushal further revealed that the woman had also filed a domestic violence complaint against her husband at Chandigarh’s Women Police Station. Based on her complaint, the police registered an FIR under Sections 406 and 498A of the IPC against him. The husband failed to appear in court for the criminal case as well, prompting proceedings to declare him an absconder.
According to the lawyer, the husband sought divorce through a foreign court to evade legal consequences in India. However, with this latest ruling, the divorce granted in the U.S. holds no legal validity in India, reaffirming the woman’s marital rights under Indian law.
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