When foreign Court divorce decree is
valid/recognized/ Enforceable in India .
Foreign court decree of divorce or dissolution of marriage
can be valid in India provided such decree is according to the provision of law
in India as provided under section 13 of the Civil Procedure Code and Principle
of law as laid down by the Indian courts. A foreign court divorce decree may be
valid in India ONLY if the spouse had lived in that country and had consented
to that country's jurisdiction.
FAQ on foreign
divorce decree ?
1. Question : My husband or wife has filed divorce petition in USA/UK/Australia Court for dissolution of marriage on grounds
of “Irretrievable Breakdown of Marriage “ is this decree is valid in India ?
Ans. This means the couple can no longer live together as husband and wife. Both partners, and one partner, must
prove to the court that the marriage broke down so badly that there is no chances of reconciliation or possible for
staying together , but this ground is not available under Hindu Marriage Act in
India and thus if marriage dissolved on this grounds is not valid or
enforceable in India..
2. My wife or Husband has filed a divorce
petition in USA/ or in abroad , he or she has received the court summons and after receiving the same relocate in India but
court has passed the decree of divorce in his or her absence , Is Ex parte
divorce is valid or recognized in India ?.
Ans : when an
ex-parte decree is passed by a Foreign Court, it would not be valid and
conclusive in India. divorce obtained on grounds other than the grounds
enumerated under the Hindu Marriage Act if the parties were married under Hindu
Law, as a divorce matter is governed by the law under which one gets married
and not the law of the land where the party is residing.
3.
When foreign court divorce decree
will be valid or recognized or enforceable in India ?
Ans : It is a general rule that if one of
the partners/ couple/party contests
divorce filed in Foreign Court it would
be said that he/she consented/ accepted to the jurisdiction of that Court, in such a
case the decree would be considered to be a conclusive or valid one.
Where the wife consents to the grant of the
relief by the foreign Court although the jurisdiction of the foreign Court is
not in accordance with the provisions of the Matrimonial Law/ Private and
Personal or International Laws of the
parties, to be valid and the judgment of such foreign Court to be conclusive.
4.
How can I validate/ Enforce or Execute
my foreign divorce decree in India ?
Ans: A foreign judgment can be executed in
two ways in India. The ways are as follows:
First, by filing an execution under Section
44A of the Civil Procedure Code. Section
44A states that a decree passed by Courts in reciprocating territories
can be executed in India as if the decree was passed by the Indian Courts only.
The Court also see the judgments passed
by foreign court as per sec.13 of Civil Procedure Code .
Secondly, by filing a civil suit upon the foreign judgment/decree. For
instance, the decree does not pertain to a reciprocating territory or a
superior Court of a reciprocating territory, as notified by the Central
Government in the Official Gazette, the decree is not directly executable in
India.
