The Supreme Court on Tuesday (November 3, 2026) held that the decree of divorce granted by a foreign court on the ground of irretrievable breakdown of marriage is not legal.
Almost after two years, the first wife lodged a complaint at the Sattenapalli town police station, Guntur, under sections 494, 120B read with section 34 of the Indian Penal Code.
“This not only violates the legal threshold of Section 13 of the CPC, which every foreign decree has to pass through, but also the observations made by this Court as to the conditions required to be fulfilled by a foreign decree to be enforceable in India,” the bench said.
Later, he filed an appeal in the high court but it was subsequently withdrawn. divorce proceedings against the first wife before the Cambridge County Court in England, which granted him divorce on the ground of irretrievable breakdown of marriage in 2014.
As the matrimonial relationship of the parties deteriorated, the husband instituted divorce and custody proceedings before the competent court at Narasaraopet, Guntur district, Andhra Pradesh, which were dismissed.
the top court quashed criminal proceedings against his parents and second wife While refusing to set aside the case against the man.
Dealing with the case, the top court said the sanctity of matrimonial status cannot be allowed to yield to such ‘forum non conveniens’ (inconvenient forum).
