International Journal For Multidisciplinary Research

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Jurisdiction and Justice in International Matrimonial Property Disputes

Author(s) Ms. Vidhi Singh
Country India
Abstract International migration and transboundary marriages have escalated cross-border matrimonial property disputes while posing a notable jurisdictional issue among Indian and Global legal systems. At present, India stands on the lex situs principle for immovable property and the ‘domicile’ prerequisite for acknowledging transboundary divorces. However, relative to other disciplines, such as intellectual property rights, international arbitration aided by international systems and treaties, cross-border matrimonial conflicts remain deprived of a uniform, standardised resolution system. Global instruments, such as the 1978 Hague Convention on Matrimonial Property Regimes, remain unratified by India, rendering the harmonising solutions ineffective. Research in this arena is sparse, often treating domestic legal principles in isolation without sufficiently addressing the transboundary conundrums inherent in matrimonial disputes. The central aim of the study is to determine the jurisdictional issues inherent in transboundary matrimonial conflicts, examine the limitations of current Indian legal practices in comparison with the international framework, and recommend comprehensive reforms with the objective of harmonising internal laws with global legal practices. The impact of the existing legal system on Non-Resident Indians in transboundary disputes would also be scrutinised in this paper. The overarching objective is to contribute to the formulation of a coherent and equitable legal framework that can effectively address the growing complexities of transnational matrimonial property disputes.
Keywords Cross-Border, International Law, Jurisdictional Conflicts, Matrimonial Property Rights, Legal Harmony.
Field Sociology > Administration / Law / Management
Published In Volume 7, Issue 6, November-December 2025
Published On 2025-11-26
DOI https://doi.org/10.36948/ijfmr.2025.v07i06.59771
Short DOI https://doi.org/hbdrd3
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