New Delhi: In 2003, a couple got married in Andhra Pradesh according to Hindu customs. After the marriage, the couple settled in Britain. A few years later, differences arose between the husband and wife. Following this, in 2007, the wife returned to Andhra Pradesh alone. After that, the husband made serious efforts to obtain a divorce in an Andhra court. However, his efforts did not succeed.
The husband, who worked as a doctor in Britain, obtained that country’s citizenship in February 2013. Based on this, he filed a case in a British court and obtained a divorce. After this, he remarried in Britain.
In connection with this matter, a complaint was filed with the Andhra police on behalf of the first wife. Based on this, the police registered a case against the husband, his parents, and the second wife. A petition was filed on the husband’s side in the Andhra High Court seeking to quash this case. The High Court dismissed the petition.
The appeal filed against this in the Supreme Court was heard by Judges Prashant Kumar Mishra and Shri Chandra Shekhar, and a verdict was delivered. It stated:
Couples who were married in India cannot obtain a divorce in foreign courts. Even if they do obtain a divorce abroad, the first marriage will not be considered annulled under Indian law. If they obtain a divorce abroad and enter into a second marriage, it will still be considered an offense under Indian law. Even if they have acquired foreign citizenship, action can be taken against them under Indian law.
In the present case, legal action can be pursued only against the husband. The criminal proceedings against his parents and the second wife are also quashed. The judges have ruled accordingly.
