married in india, obtianed divorce from abroad

Querist : Anonymous (Querist) 25 May 2011 This query is : Resolved
parties married in india. one party obtained and exparte divorce from abroad for the sake of conveneince. aggrieved party want to set aside the divorce decree given in a foreign land.can it be done by the aggrieved party on their own or have to employ an attorney in that foreign country or can it be done from india if there are no jurisdiction problems. kindly advise me.

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M.Sheik Mohammed Ali (Expert) 25 May 2011
you must get divorce in indian territory

bhagwat patil (Expert) 25 May 2011
This type of divorce is null and void.the papers you got from abroad submit to Indian court and file declaration for its nullity.

Guest (Expert) 25 May 2011
if they marriage has been dissolved under the consultate/embassy it has some significant and binding.

Jitendar Kumar gupta (Expert) 25 May 2011
challenge the decree in Idian Courts

Devajyoti Barman (Expert) 25 May 2011
No need to challenge the divorce decree in India to set it aside or to declare it a nullity.

The divorce decree obtained in a foreign court ex parte has no application at all.

So the other party can either go for fresh divorce or take advantage of the laws based on existing marriage.

Dr V. Nageswara Rao (Expert) 25 May 2011
1. A divorce decree obtained in a foreign country is undoubtedly enforceable in India. S. 13 CPC says: "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".
2 Such a decree can be set aside undre S. 13 of CPC: "(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 recognise the law of 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 India.
3. See also S. 44 of Evidence Act

Dr V. Nageswara Rao (Expert) 25 May 2011
See also the case of Satya v. Teja Singh,A.I.R. 1975 S.C. 105: 1975 SCR (2) 97.

Querist : Anonymous (Querist) 26 May 2011
Sorry Sirs, when the opinion is divided amongst the experts, what will be the fate of the sufferer.
1. some say you challenge in an indian court.
2. some say you need not challenge in an indian court.
3. some say divorce from a foreign land is acceptable.
There is more confusion now.
Even the foreign court which granted the exparte divorce decree, has included a clause that both the parties and entitled to set aside the decree, and if there is sufficient proof, the granting court will set aside the decree.
This decree from foreign land was taken to get married again, and the sufferer came to know only after 7 months of its granting. no copy of the decree was sent to the respondent wither by the petitioners attorney nor the court. it came as a shock.
what can be done by the innocent sufferer. please give me the answer in simple and straight forward format.
Thank all of you for sparing your time.

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