Divorce-- Foreign Decree -- Granted On Unrecognised Grounds Under HMA Without Effective Participation Of Opposite Party Is Not Conclusive Under Section 13 CPC
A foreign divorce decree is not conclusive or binding under Section 13 of the Code of Civil Procedure, 1908 if granted on grounds not recognised under the Hindu Marriage Act, 1955, or if the opposite party did not voluntarily or effectively submit to the jurisdiction of the foreign forum. Filing a written objection by post contesting jurisdiction, without further participation, does not amount to voluntary submission. The Supreme Court may exercise power under Article 142 of the Constitution to dissolve a marriage on grounds of irretrievable breakdown even where no such ground exists under the HMA, where parties have been separated for an extended period.
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