Gujarat High Court: Divorce Abroad Not Valid for Marriages Solemnised in India

In a combined judgment on two appeals filed by the wife against the Family Court’s order dated 31-3-2023, which rejected her plea declaring an Australian divorce decree null and void and seeking restitution of conjugal rights, the Gujarat High Court Division Bench of Justices A.Y. Kogje and N.S. Sanjay Gowda set aside the order.

The Court held the husband could not initiate divorce proceedings in Australia if the marriage was solemnised in India, even if both parties had foreign domicile.

[X v. Y., 2025 SCC OnLine Guj 3730]