For many NRIs, a foreign divorce feels like closure, but Indian law may not agree. The Gujarat High Court in Smiti v. Aakash Kirankumar Shah (2025 SCC OnLine Guj 3730) ruled that an Australian divorce based on “irretrievable breakdown of marriage” was invalid in India. The case underscores a crucial truth: marriages solemnised in India remain governed by Indian law, even across borders.

When the Bharatiya Nyaya Sanhita (2023) replaced the IPC, Section 69 redefined the “false promise of marriage” offence into an intent-based provision — punishing deceit, not heartbreak. Based on 132 High Court judgments, this analysis traces how courts distinguish genuine relationships from deception, affirming that criminal law protects against fraud, not failed intimacy.

When a Promise to Marry Becomes a Legal Battle In India, claims of sex under a false promise of marriage often tread the line between personal betrayal and criminal deception. With Section 69 of the Bharatiya Nyaya Sanhita, 2023, the law now directly addresses this complex issue. This post examines the evolving jurisprudence, key cases, and what accused individuals need to know.

Many NRIs assume a divorce obtained abroad is automatically valid in India. However, Indian courts apply strict tests based on jurisdiction, applicable grounds, and due process. This article explains how foreign divorce decrees are treated under Indian law, what challenges are commonly faced, and how Indian citizens abroad can protect their legal status and rights under domestic matrimonial statutes.