Supreme Court: Foreign Divorce Invalid Without Fair Opportunity to Contest

The Supreme Court has held that a foreign divorce decree cannot be enforced in India if a party was not given a meaningful opportunity to contest the proceedings.

Setting aside a Bombay High Court decision recognising a US divorce decree, the Court clarified that mere participation, especially limited to jurisdictional objections, does not amount to effective contest.

It emphasised that such decrees must satisfy principles of natural justice, including a fair chance to present one’s case.

The ruling reiterates that foreign judgments must meet Indian legal standards to be valid and enforceable in domestic courts.

[Kishorekumar Mohan Kale v. Karishma Kale]