November 16, 2009
Delivering a landmark ruling covering a grey area which remained untouched so long, the apex court on Friday, the 13th November said that any marriage dissolved by a foreign court will be equally valid in India. It is well known that divorce is difficult to obtain in India than in most West and European countries. So long, divorce of Indians and NRIs were valid only if it was granted by any Indian court and any divorce granted by foreign court was subject to scrutiny and clearance by Indian Courts.
It has thus become easier for an NRI to get divorce in foreign country without appearing in Indian Courts or even in the absence of the one of the spouse in the foreign court in some cases. Therefore, for an NRI, it is easier now to get married with an Indian and get rid of the spouse (mostly wife) without much hassle.
The cause of the instant judgment was related to one Pashaura Singh of Punjab Province in India, who married NRI Kamaljeet Kaur already settled in Canada. After their marriage Pashaura too settled in Canada with his NRI wife. But as the marriage did not click, Pashaura got divorce from a British Columbian court in 2001 and remarried in India.
Kamaljeet’s brother filed a case of bigamy against Pashaura in Punjab and won the case in Punjab High Court.
Reversing the judgment, the apex court granted the divorce in favor Pashaura.
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