SC bars enforcement of US divorce on ‘irretrievable breakdown’, highlighting limits of foreign judgment recognition
The case tests the interface of personal law (Hindu Marriage Act) with International Private Law, illustrating the lex fori principle where Indian courts enforce foreign judgments only if they conform to domestic substantive provisions and public policy. It reflects broader debates on harmonising Indian family law with global trends while safeguarding constitutional values.
GS2 – Discuss the challenges of recognizing foreign divorce decrees under Indian personal law and evaluate the need for legislative reform of the Hindu Marriage Act.
Personal Law – Grounds for Divorce
International Private Law – Recognition of Foreign Judgments
Reform of Personal Laws – Modernisation of Divorce Grounds