Querist :
Anonymous
(Querist) 24 May 2011
This query is : Resolved
Hi, In my case I got a divorce order from singapore court of law and also order stating that one flat at Mumbai which is in my and my spouse joint name can be transfer to my name only. My question : As this order is from singapore court of law whether I can act upon the order of singapore court in mumbai or I have to get the order from Mumbai Court. If so what I have to do, please let me know. Thanks,
Guest
(Expert) 24 May 2011
Foreign decree cannot be implemented without due authorisation from the Indian legal system. Get the decree duly authenticated by the Indian Embassy and sent through Ministry of Foreign Affairs/ Ministry of Law to the appropriate court of the jurisdiction of the property for proper legal endorsement of the decree for implementation purposes.
Devajyoti Barman
(Expert) 24 May 2011
See all the foreign judgements are automatically not binding on Indian Courts.
The Supreme Court in catena of decisions has made it clear that only under certain circumstances the foreign judgements would be binding in India or on Indian citizens.
So without perusal of that judgement it is difficult to state whether that could be executed in India or not.
However, one thing for sure is that if the judgment was passed es parte then that would not be binding upon your spouse in any manner.
M/s. Y-not legal services
(Expert) 26 May 2011
Your marriage registered as per indian law or singapore law.. If its as per singapore law mean its valid anywhere..
M/s. Y-not legal services
(Expert) 26 May 2011
Your marriage registered as per indian law or singapore law.. If its as per singapore law mean its valid anywhere..
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