Validity of US Divorce Decree
Sagar K
(Querist) 31 December 2008
This query is : Resolved
The person is resident in USA and has taken a divorce decree from a US Court, as per the Decree the property in india is given to the husband and based on that decree the hasband has applied for deletion of joint holder Name (Wifes Name) from the share certificate of the company.
Please advice
1.Is the decree valid or does he have to do somthing more to make the decree valid in India.
2.Can a company relying on such foreign Decree Delete the joint share holders name from the certificate.
tamilarasibabu
(Expert) 31 December 2008
Sir
1.The decree obtained from Foreign courts has to be authenticated by the Indian embasy. The wife citizenship need to be described, which is not identified here.
2. The decree should be specific about the share holders position then the company rely on such foreing decree for deleting the share holders name.
tamilarasibabu
(Expert) 31 December 2008
Sir
1.The decree obtained from Foreign courts has to be authenticated by the Indian embasy. The wife citizenship need to be described, which is not identified here.
2. The decree should be specific about the share holders position then the company rely on such foreing decree for deleting the share holders name.
Manish Singh
(Expert) 31 December 2008
firstly the decree must be a valid one so lok into the fact whether wife's consent was there for the proceedings in the US.
then you will have to file the said decree in the civil court of the relevant jusrisdiction ie the place where the property is situated for declaration.
Sagar K
(Querist) 31 December 2008
Thanks for the solution, some more facts about the problem are as follows:
- The Decree is specific about the title of property located in India, Its says that the property in india is only of husband
- Both the husband & wife are located in the US
- The decree was passed in 1995
- As per the decree there seems to be no objection from the Wife for this divorce petition.
Please advice what needs to be done :
- Do I as the person to get it authenticated by the Indian embasy
Or
- Should he file the said decree in the civil court of the relevant jusrisdiction
Manish Singh
(Expert) 31 December 2008
you may (if this condition exists and i ma not sure about this) need to to have it authenticated by the embassy. just file it in the civil court of the competent jurisdiction for validating the decree. if there is no dispute from the wife, it wont have any problem for authentication. the civil courts are empowered to authenticate foreign decrees under CPC if certain conditions are followed. so go to civil court.
J K Agrawal
(Expert) 01 January 2009
All my friends, I will pass thanks to all of you that you have take pain to solve problem of Mr Sagar.
A reply based on assumptions or general knowledge or common sense is not always correct even by approval from RAKHI. As we are expert in the field I think our reply should be backed with some specific provision of law. Please describe specifically in which act, which section the client is to pursue.
Please do not take otherwise. It is a field to understand law and really helpful to all of us. We all are here to learn law and the learning process is for life time. I request you all to please answer specific to the client.
Manish Singh
(Expert) 02 January 2009
Dear and Respected Sir,
i have given a specific answer(without the appropiate sections since we lack time to look fr the same). And sIR,about the thing whether the decree needs to be authenticated by the embassy or not, there is no such provision neither under the CPC nor in any case law.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 31 December 2008
