Andhra Pradesh High Court Upholds Maintenance Rights of Divorced Wife Despite Foreign Divorce Decree
Foreign divorce decree deemed non-binding; wife entitled to maintenance under Indian law.
In a landmark judgment, the Andhra Pradesh High Court has ruled that a foreign divorce decree obtained by a husband in New Zealand is not binding under Indian law, as the proceedings were not adjudicated on merits and lacked the valid participation of the wife. The ruling reinforces the right of a Hindu wife to claim maintenance from her husband even after a divorce is granted under foreign law, provided she has not remarried, and her maintenance is not settled under Section 25 of the Hindu Marriage Act, 1955.
The judgment came in the appeal filed by Chittibomma Veera Venkata Raju against his estranged wife, Smt Chittibomma Sakuntala, challenging the maintenance order by the Family Court at Visakhapatnam. The division bench comprising Justices Battu Devanand and A. Hari Haranadha Sarma upheld the Family Court's decision, albeit with a reduction in the quantum of maintenance from Rs. 15,000 to Rs. 12,000 per month.
The court meticulously analyzed the proceedings of the Auckland Court in New Zealand, where the husband secured a divorce decree based on the irretrievable breakdown of marriage. It was found that the wife was not residing in New Zealand during the proceedings, and her participation was invalid, making the foreign decree non-binding under Indian law. The court referred to Section 13 of the Code of Civil Procedure, 1908, emphasizing that foreign judgments must not contravene Indian law or public policy.
The judgment further elaborated that under Section 18 of the Hindu Adoptions and Maintenance Act, 1956, a Hindu wife is entitled to maintenance from her husband if she is living separately due to reasons such as desertion or the husband's living with another woman. The court noted that the husband's alleged bigamy and the absence of valid settlement of maintenance under Section 25 of the Hindu Marriage Act further justified the wife's claim.
Additionally, the court addressed the financial status of the husband, acknowledging his pension and property holdings in India, to determine the maintenance amount. The ruling also included a directive for the arrears of maintenance to carry an interest of 6% per annum from the date of the judgment until realization, emphasizing prompt payment.
This judgment underscores the protection offered to Indian women under domestic laws, even when foreign decrees are in play, reiterating that marital obligations transcend geographical boundaries when it comes to maintenance rights.
Bottom Line:
A foreign divorce decree obtained based on irretrievable breakdown of marriage without valid participation of the wife is not binding under Indian law - A Hindu wife is entitled to maintenance under Section 18 of the Hindu Adoptions and Maintenance Act, 1956, even after divorce, provided she has not remarried, and her maintenance is not settled under Section 25 of the Hindu Marriage Act, 1955.
Statutory provision(s): Hindu Adoptions and Maintenance Act, 1956, Section 18; Hindu Marriage Act, 1955, Section 25; Code of Civil Procedure, 1908, Section 13 and Section 34.
