Saturday, 24 January 2015

WHEN A FOREIGN DIVORCE DECREE WILL BE VALID IN INDIA.



WHEN A FOREIGN DIVORCE DECREE WILL BE VALID IN INDIA.
Section 13 of Civil Procedure Code 1908,

When Foreign  Divorce Judgments-decree is  not Conclusive.

A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except-

(a) where it has not been pronounced by a Court of competent jurisdiction;

(b) where it has not been given on the merits of the case;

(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of

1[India] in cases in which such law is applicable;

(d) where the proceedings in which the judgment was obtained are opposed to natural justice;

(e) where it has been obtained by fraud;

(f) where it sustains a claim founded on a breach of any law in force in 1[India]


When a Foreign Divorce Decree may valid in India, There is a land mark judgement passed by the Hon"ble supreme Court of India in the case titled as Y. Narasimha Rao Vs. Y. Venkata Lakshmi that when can a foreign divorce decree may be conclusive or valid in India.


No comments:

Post a Comment