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amit kumar (hr executive )     06 September 2012

Dual contest for divorce

Dear Lawyers,

Please assist.

I have filed for a divorce on the bases of my wife deserted me in abroad with a pre conspiracy with her family in India, launch 498a,406,34,DV and crpc 125 against me. Now since the letters were served to her in India for the divorce, she has contested in foregein court and also have cases against me in India for the exparte divorce and all the above.

1) So can she sail in two boats?

2) Can I ask the Indian court to stop all the proceeding over there as she has contested for the same in Foregein court. If yes what is the law suit should I filled for the same to stop the proceeding over here in India. 

3) Is the foreigein divorce degree recognized in India? As I heared in some cases it was and in some cases its not. Is there any judgment I can refer to where it says recognized by Indian court? 

 

Thanking You All for your valuable time :)

 



Learning

 2 Replies

Tajobsindia (Senior Partner )     06 September 2012

@ Author,

Expanding reply that I sent on your PM to me read with SC Judgment that I quoted thereto, I wish to add following for generic readers clarity in similar boats once for all;

1. Judgments from Courts in "reciprocating territories" can be enforced directly by filing before an
Indian Court an Execution Decree.

 

A "reciprocating territory" is defined in Explanation 1 to S. 44A of India's Civil Procedure Code as: "Any country or territory outside India which the Central Government may, by notification in the Official Gazette, declare as a reciprocating territory."

 

The United Kingdom and Canada are among the list of countries which has been declared as "reciprocating territories"

 

Presently, the United States of America is not declared as a "reciprocating territory" by the Government of India.

 

2. Judgments from "non-reciprocating territories," such as the United States, can be enforced only by filing a law suit in an Indian Court for a Judgment based on the foreign judgment. The foreign judgment is considered evidentiary.

 

The time limit to file such a law suit in India is within 3 years of the foreign judgment.

 

A foreign judgment is considered conclusive by an Indian Court if such judgment:

 

- has been pronounced by a court of competent jurisdiction;

- has been given on the merits of the case;

- is founded on correct view of international law;

- is contained in proceedings that followed principles of natural justice;

- has not been obtained by fraud; and

- does not sustain a claim on a breach of any law in force in India

3. As per your brief you have yet to reach judgment stage however keep above Igyan handy for that eventful Execution if any you may achieve in future!

amit kumar (hr executive )     06 September 2012

Thanks once again Sir for your valueble respose.


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