Divorce across countries
A divorce granted in one country is not always accepted in another. Choose where you married, where you live and where the case was filed, and this guide shows which legal points to raise with a lawyer. It does not decide your case. The other country's law needs a lawyer there.
This is general information, not legal advice for your situation. What you type stays in your browser unless you choose to send it to an advocate.
Which points apply
Points to raise with a lawyer
- The law of your marriage matters. In Y. Narasimha Rao, the Supreme Court said the foreign court’s jurisdiction and the ground for divorce must generally match the matrimonial law under which the parties married.
- Check the ground used, or to be used. In Kale (2026), the Supreme Court held that a US decree on irretrievable breakdown was not conclusive for a couple under the Hindu Marriage Act, because that Act does not list the ground. The Court later granted divorce itself under Article 142.
- Your spouse’s position. The exceptions look at whether the case was filed where the respondent is domiciled or lives permanently, and whether the respondent submitted and contested on an available ground.
- Where to file is itself a choice with consequences in both countries. Please speak to lawyers in each country before you file.
These are points to discuss. They are not a view on whether any decree is valid or on how your case will end.
How India treats a foreign decree
Section 13 of the Code of Civil Procedure, 1908 makes a foreign judgment conclusive, except in six cases:
- it was not given by a court of competent jurisdiction;
- it was not given on the merits of the case;
- it appears on its face to rest on an incorrect view of international law, or to refuse to recognise Indian law where that law applies;
- the proceedings were opposed to natural justice;
- it was obtained by fraud;
- it sustains a claim founded on a breach of Indian law.
In Y. Narasimha Rao v Y. Venkata Lakshmi (1991), the Supreme Court read these clauses for matrimonial cases. The jurisdiction assumed by the foreign court and the ground of relief must be in accordance with the matrimonial law under which the parties married. It named three exceptions:
- the case is filed where the respondent is domiciled or habitually and permanently resides, and relief is on a ground available under that law;
- the respondent voluntarily and effectively submits to the forum and contests the claim on such a ground;
- the respondent consents to the relief.
In Kishorekumar Mohan Kale v Kashmira Kale (15 January 2026), the Supreme Court applied this to a decree from Michigan and held it not conclusive for that couple. Each case turns on its own facts. For more on filing in India from abroad, see can an NRI file for divorce in India and our NRI divorce page.
The other way round
Whether an Indian decree is accepted abroad is a question for that country’s law, and needs a lawyer there. We can explain the Indian side, and you can book a call through the advocate check form above.
Common questions
Is a foreign divorce decree valid in India?
Not automatically. Section 13 of the Code of Civil Procedure makes a foreign judgment conclusive unless one of six exceptions applies. In Y. Narasimha Rao v Y. Venkata Lakshmi (1991), the Supreme Court said the foreign court’s jurisdiction and the ground for divorce must generally match the matrimonial law under which the couple married.
What did the Supreme Court decide in Y. Narasimha Rao?
It said a foreign matrimonial decree is recognised where jurisdiction and grounds match the law of the marriage. Exceptions include a case filed where the respondent lives or is domiciled, on an available ground; a respondent who submits and contests on an available ground; and a respondent who consents to the relief.
Is a foreign divorce based on irretrievable breakdown accepted in India?
In Kishorekumar Mohan Kale v Kashmira Kale (15 January 2026), the Supreme Court held a US decree on that ground not conclusive for a Hindu Marriage Act couple, since that Act does not list the ground and the husband had not effectively submitted. The Court then granted divorce itself under Article 142.
Does replying to a foreign divorce case mean I accepted that court?
Not always. In Y. Narasimha Rao, the Supreme Court said a reply under protest, or an appearance only to object to jurisdiction, is not a decision on the merits. In Kale in 2026, a written objection sent by post was not effective submission. Please take advice before you respond, in both countries.
Is an Indian divorce accepted in Canada?
Section 22 of Canada’s Divorce Act recognises a foreign divorce where either former spouse was habitually resident in that country for at least one year before the proceedings began. Other rules of law on recognition are kept alive by the same section. A family lawyer in Canada can say how this applies to your case.
Is an Indian divorce accepted in the UK or Australia?
Each has its own test. The UK Family Law Act 1986 looks at habitual residence, domicile or nationality, with refusal possible on notice, participation or public policy. Australia’s Family Law Act 1975, Section 104, looks at similar connections and excludes recognition for denial of natural justice or public policy. Please ask a lawyer there.
- Y. Narasimha Rao v Y. Venkata Lakshmi, (1991) 3 SCC 451, Supreme Court
- Kishorekumar Mohan Kale v Kashmira Kale, Civil Appeal 1342 of 2013, Supreme Court, 15 January 2026
- Code of Civil Procedure, 1908, Section 13
- Divorce Act (Canada), Section 22, Justice Laws Website
- Family Law Act 1986 (UK), Section 46, legislation.gov.uk
- Family Law Act 1986 (UK), Section 51, legislation.gov.uk
- Family Law Act 1975 (Australia), Section 104, AustLII