Chandigarh court annuls Dubai divorce ruling under Sharia law

A Chandigarh court has declared a divorce decree passed by a Dubai court under Sharia law null and void, stating that marriages solemnised in India under Indian laws cannot be dissolved by foreign courts in a manner contrary to Indian matrimonial statutes.

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The court’s decision was based on the grounds that the divorce decree violates Indian public policy, undermining the sanctity of marriage, which is protected under Indian law. The husband, a permanent resident of Chandigarh, had filed a suit claiming that the Dubai court’s decision was against the principles of the Hindu Marriage Act, 1955, as Islamic Sharia law is not applicable to them.

The court relied on a Supreme Court judgment, which states that marriages solemnised in India under Indian laws cannot be dissolved by foreign courts in a manner contrary to Indian matrimonial statutes. The court also noted that the defendant wife did not appear in court to rebut the evidence presented by the plaintiff.

The husband had alleged that his wife had filed for divorce in Dubai court under Sharia Law in September 2022, despite their marriage being solemnised in India under Hindu rights and rituals. He claimed that the foreign court had no jurisdiction to grant the divorce decree.

He also said that granting permanent alimony to the minor child under the divorce petition is also against the Hindu Minority and Guardianship Act, 1956.

The court’s decision highlights the importance of Indian law in governing marriages solemnised in India, even if the couple resides abroad. This ruling is significant, as it sets a precedent for future cases involving divorce decrees passed by foreign courts.