How do foreign court co-operate indian judgement?
Law Querier
(Querist) 01 May 2012
This query is : Resolved
Husband and wife both is Indian citizen. Wife is in abroad having working visa. Wife gets PR visa and then apply divorce in foreign country. Foreign court passes the divorce decree as per their rule. Wife is going to marry with other person in foreign country. Now, as per the law of India, if wife marry with other person, it calls Bigamy. But according to foreign law, she can marry again because she has a divorce decree of the court of that foreign country. What should husband do in this case? What punishment can Indian jurisdiction decide on offence of Bigamy, though wife is in foreign country? How will foreign court co-operate to Indian judgment? Please mention same type of reference cases if you know. Thanks.
Devajyoti Barman
(Expert) 01 May 2012
If the decree passed in the foreign court is validly passed then it is very much binding in India as well and if the wife remarries no case for bigamy is maintainable against her.
Law Querier
(Querist) 01 May 2012
The marriage was registered in India. IS foregin court divorce decree valid in India?
Can Husband protest the foreign divorce decree in India? How?
MohammedRaffiq Bijapur
(Expert) 01 May 2012
Foreign judgments are presumed to be judgments passed by a competent jurisdiction unless contrary appears on record. It shall be conclusive as to any matter directly adjudicated between same parties.
Shonee Kapoor
(Expert) 03 May 2012
If the husband has been party to the proceedings and willingly accepted the jurisdiction of the foreign court, then the said decree is binding in India.
However, if its ex-parte decree or the husband has not joined the proceedings, the said decree has no force in India.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
J K Agrawal
(Expert) 04 May 2012
Dear Sirs
It would be more useful if you Please tag some law with your opinion so that we can understand fully.
