Summary
Pursuant to Article 3(1)(a) of Regulation (EC) No 2201/2003, Italian courts have jurisdiction over an application for divorce lodged jointly by two Indian spouses who habitually reside in Italy.
The law applicable to the dissolution of a marriage between citizens of a State having different personal laws shall be determined based on the combined provision of Articles 31 and 18 of Law No 218/1995 . In particular, if divorce has been requested jointly by two Indian citizens of Hindu faith, Italian courts shall declare the immediate cessation of the civil effects of the marriage pursuant to the rules for the resolution of interpersonal conflicts of laws provided for by the Indian legal system and contained in the Hindu Marriage Act of 18 May 1955. In fact, said Act applies to persons who have contracted a Hindu marriage, even if the latter has been registered only in the relevant Indian register and no separation judgment has been previously issued, since the allegation that it is impossible to restore the communion of the spouses is sufficient to exclude any contrast with public policy pursuant to Article 16 of the aforesaid Law No 218/1995.