Cross-border divorces rarely end with a single court order. This article explains why the same marriage can appear “divorced” in one country and unresolved in another, and how Indian courts approach foreign divorce proceedings, anti-suit injunctions, and jurisdictional conflicts. Through recent High Court and Supreme Court decisions, it highlights why timing, context, and procedural posture matter as much as substantive law.

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.