Mutual Divorces Obtained In Foreign Courts Can Be Accepted As Conclusive In India: Kerala HC [Read Judgment]
The Kerala High Court in Augustine Kalathil Mathew v. Marriage Officer, North Paravur., has decided that mutual divorces in foreign courts are acceptable in India under Section 13 of the CPC.The judgment delivered by Justice P.B. Suresh Kumar allowed petitioner Augustine Mathew’s prayer for quashing the Marriage Officer’s order that stated that divorces obtained in foreign courts would. The Kerala High Court in Augustine Kalathil Mathew v. Marriage Officer, North Paravur., has decided that mutual divorces in foreign courts are acceptable in India under Section 13 of the CPC. Suresh Kumar allowed petitioner Augustine Mathew’s prayer for quashing the Marriage Officer’s order that stated that divorces obtained in foreign courts would be acceptable only when these were solemnised by an Indian court. The court held that the divorce certification had to be recognised, saying: “As stated above, the materials on record indicate beyond doubt that the petitioner and his divorced wife have voluntarily and effectively submitted to the jurisdiction of the UAE Personal Status Court and consented to grant divorce to each other, although the jurisdiction of the said forum is not in accordance with the provisions of the matrimonial law applicable to them.” Thus, the petition was finally allowed and the order of the Marriage Officer was quashed, and he was also directed by the court to solemnise the marriage of Augustine for which he had issued notice, under the Special Marriage Act.
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