Foreign decree of divorce validity in india
ragz hyder
(Querist) 29 April 2013
This query is : Resolved
I hear varying versions of when a foreign decree of divorce is valid in India. Can experts please calrify?
1. Girl receives summons but does not respond to foreign papers. Usually a decree of divorce is granted. Is it valid in India?
2. Mutual agreed divorce is of course valid I guess
3. If girl receives papers but responds in whatever manner...is she submitting herself to foreign jurisdiction? If inspite of her contest, foreign court grants divorce, on lets say irretrievable breakdown of marriage AND mental cruelty is it valid in India? Would it not be the case of double jeopardy? Needing money from 2 countries...?
Can experts please validate when foreign decree is/is not valid?
Devajyoti Barman
(Expert) 29 April 2013
1. No
2.yes
3.yes
interpret in the light of answers given above.
ragz hyder
(Querist) 29 April 2013
Sir,if I understand well by responding in whatsoever manner respondent is submitting herself to foreign jurisdiction.that would amount to divorce in India.what if she responds she does not want but a no fault country still grants because irretrievable breakdown is a ground in other countries? Should one make sure to include clause of mental cruelty?
if not aggrieved party seeking divorce can start be safe and be divorce in one country where he could move on with his life?
Guest
(Expert) 29 April 2013
Your queries are of purely academic nature. However, jurisdiction depends upon the various factors, not a matter of perception that the girl submits to foreign jurisdiction, if the girl responds in whatever manner.
So, you must state what actually are the facts of the case, including the place of marriage and the girls place of living as well as the matrimonial house.
ajay sethi
(Expert) 29 April 2013
for foreign decre of divorce to be valid in india it has to be on grounds recognised under hindu marriage act . irretrievable break down of marriage is not ground for divorce in india . hence such a decree for divorce would not be valid . however decree obtained on grounds of cruelty would be valid as it is recognised under HMA
V R SHROFF
(Expert) 30 April 2013
Section 13 of Civil Procedure Code governs " When foreign judgement not conclusive" in India.
It covers Jurisdiction, merit of case, whether fraud was committed to obtain Divorce,
Whether grounds of Divorce covers the Grds in Indian Laws like Hindu Marriage Act, Cruelty, desertion, adulatory.
In a case decided by Supreme Court , Vikas Aggrawal obtain Divorce within 2 months of Marriage on no fault divorce from USA Court, was declared invalid and Mtn of Rs. 50000/- app p.m.[$1000 per month] granted with imprisonment of Husband.
Such tricky fraudulent judgements are declared invalid, especially in case of Divorces .
Foreign countries do not recognize our Hindu Law. Irretrievable breakdown of marriage, or even "no fault Divorces" are granted, . Those grounds are not allowed in India, so Divorce obtained on grounds other than those under which the couple married are declared invalid.
However if couple normally reside in foreign country and accept it's Jurisdiction, the competent court's Judgement is binding here in India.
So it differ from the fact and circumstances of the Divorce case, and no general guideline can be drawn.
All cases are special case to determine the validity of foreign Divorce Decree in India.
