Ahmedabad, 8 August 2025 – In a significant ruling, the Gujarat High Court has held that questions relating to the matrimonial status of parties married in India must be decided by Indian Family Courts and not treated as conclusively settled by foreign divorce decrees.
Background of the Case
The case involved Smiti Shah and Aakash Shah, who were married in Ahmedabad in 2008 under Hindu rites and the Hindu Marriage Act. The couple later moved to Australia, where marital differences arose. In 2017, Aakash obtained a divorce decree from the Federal Circuit Court of Australia.
Smiti returned to India and challenged this decree. She filed suits in the Family Court at Ahmedabad: one seeking restitution of conjugal rights and another seeking a declaration that the Australian divorce was invalid under Indian law. The Family Court, however, rejected her plaints at the preliminary stage under Order 7 Rule 11 of the Civil Procedure Code.
Aggrieved, Smiti appealed to the Gujarat High Court.
Key Observations of the High Court
The Division Bench of Justice A.Y. Kogje and Justice N.S. Sanjay Gowda made several important findings:
Indian marriage laws prevail: Since the marriage was solemnized in India under the Hindu Marriage Act, disputes arising from it must be adjudicated under Indian law, not merely by applying foreign laws
Foreign judgments not automatically binding: Under Section 13 of the CPC, a foreign judgment is not conclusive if it disregards Indian law. The Court noted that the Australian decree was granted on grounds (irretrievable breakdown) not available under the Hindu Marriage Act, and despite the wife’s objections to jurisdiction
Jurisdiction of Family Courts: The Court emphasized that whenever a declaration about a person’s matrimonial status is sought, only the Family Court has jurisdiction. Civil courts cannot decide such issues
The Final Order
The High Court set aside the Family Court’s rejection of Smiti’s suits.
The appeals were allowed, and the Ahmedabad Family Court was directed to hear her cases on merits.
Importantly, the Court clarified that it will be for the Family Court to decide whether the foreign divorce decree can be recognized in India, after considering all legal aspects.
At the request of the husband’s counsel, the order has been stayed for two weeks to allow further remedies