In India's Gujarat High Court, a ruling has been made stating that a foreign divorce decree does not have the power to dissolve a Hindu marriage that was solemnized within India.

The Gujarat High Court has made a significant ruling in a case involving a Hindu marriage solemnized in India, stating that a divorce granted by an Australian court cannot dissolve a marriage under the Hindu Marriage Act (HMA).

In this case, the husband and wife, who married in July 2008 in Ahmedabad, faced marital difficulties by 2014. The husband returned to India, while the wife stayed in Australia to secure citizenship, which she obtained in 2015. In March 2016, the husband filed for divorce and child custody before the Federal Circuit Court of Australia, which granted him a divorce in November 2016.

The wife, however, contested this decision, filing a review which was later dismissed. Simultaneously, she pursued multiple proceedings in India seeking relief, including a declaration that the Australian divorce decree was null and void.

Advocates Aaditya D Bhatt and Chandni S Joshi appeared for the appellants in this case, while Advocates Kshitij M Amin and Rahul R Dholakia represented the defendants. The Court observed that the family suits must be decided on merits and the plaint could not be rejected based on the Australian court's divorce decree.

The Court held that citizenship of the parties to a Hindu marriage has no relevance, and that the marriage will be governed by the HMA and not any other law, even if the parties acquire a new domicile. The Court also emphasized that rights and remedies under the HMA are unaffected by changes in citizenship or domicile.

The Court's ruling further stated that Section 13(c) HMA was clearly attracted, allowing the wife to argue that the foreign divorce decree was not conclusive. The Court noted that it has the jurisdiction to hear the wife's plea to annul the Australian court order, as stated by the Hon'ble Supreme Court.

The Court allowed the appeals in this case, ruling that a divorce granted by an Australian court cannot dissolve a marriage solemnized in India under the HMA. This decision underscores the primacy of Indian courts in matters related to Hindu marriages, according to the HMA.

In India's Gujarat High Court, a ruling has been made stating that a foreign divorce decree does not have the power to dissolve a Hindu marriage that was solemnized within India.