Supreme Court Justice Addresses Challenges in Cross-Border Matrimonial Disputes and Women's Rights in Marriage

Supreme Court Justice Surya Kant has emphasized that marriage has frequently been exploited as a mechanism of oppression against women.

During a seminar focused on "Cross-Cultural Perspectives: Emerging trends and challenges in family law in England and India," Justice Kant addressed the prevalent issue of recognition and indirect enforcement of foreign divorce decrees that regularly appears in courts across India.

"This represents a significant challenge for numerous jurisdictions today as global interconnectedness increases and spouses often reside in different countries, leading to cross-border matrimonial disputes," observed Justice Kant.

He elaborated that while marriage inherently demands commitment from both partners, historical evidence across various continents, cultures, and time periods demonstrates its frequent misuse as an instrument of female subjugation.

"Though this remains a difficult truth to confront, contemporary legal and social reforms in both jurisdictions are progressively transforming marriage from a sphere of inequality into a sacred partnership founded on dignity, mutual respect, and constitutional principles of equality," he stated.

The Supreme Court judge further noted that in India, both the judiciary and legislature have implemented measures to construct legal frameworks that protect women's rights.

Addressing cross-border matrimonial disputes specifically, Justice Kant explained that India's Supreme Court has established comprehensive guidelines governing the recognition of foreign matrimonial judgments.

"However, it has been explicitly ruled that such judgments would not be recognized in India if obtained through fraudulent means, or if they violated principles of natural justice or the substantive laws of this country," he clarified.

Justice Kant additionally emphasized, "These cross-border marital conflicts become considerably more complex when children are involved. In such cases, it becomes essential for courts across jurisdictions to uphold the principle of Comity of Courts, ensuring mutual respect and cooperation during adjudication, while remaining steadfast in their primary obligation to safeguard the welfare and well-being of the child."

He concluded by noting that protecting children and ensuring their welfare represents a universally acknowledged principle across jurisdictions, with both India and England generally sharing aligned approaches in this regard.