The article discusses the complex legal issues arising when Non-Resident Indians (NRIs) marry and seek divorce across international borders, emphasizing jurisdictional challenges under Indian law. It explains how differing divorce laws globally and “forum shopping” can disadvantage one spouse, particularly women, through legal maneuvering abroad, obstacles in serving notices, enforcing decrees, and retaliatory suits. Indian courts have grappled with whether foreign divorce decrees can be recognised, especially for marriages solemnised under the Hindu Marriage Act.

The Supreme Court in Y. Narasimha Rao v. Y. Venkata Lakshmi held that a Missouri (USA) divorce based on “irretrievable breakdown” was unenforceable in India since the foreign jurisdiction and grounds did not align with Indian matrimonial law. Indian jurisprudence has therefore established criteria for recognising foreign matrimonial judgments: the foreign court’s jurisdiction and grounds must conform to the matrimonial law of the marriage, or the respondent must voluntarily submit to that jurisdiction. High courts, like Delhi and Bombay, have similarly refused to enforce foreign decrees that fail these tests. While provisions like Sections 13 and 44A of the Civil Procedure Code deal with foreign decrees, personal laws like the Hindu Marriage Act often prevail. The article calls for clearer, culturally sensitive legal frameworks to address these jurisdictional conflicts in international marriages

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