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.

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.