LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Charlie   01 April 2016

Ecxecution of foregin decree

Hi,

I have got divorce decree in Singapore. ANd we have moved to India before finishing the divorce matter in Singapore court. Only ancillary matter was pending and Singapore court had transferred the matter to India, as both parties shifted to India.

Upon my application for maintenance, the Court granted her a Maintenance Order  before the Interim Judgment on divorce was granted. And after the Interim Judgment, the following ancillary matters were visited and mediated:-

a. Custody of the children
b. Care and control of the children
c. Maintenance
d. Matrimonial assets
 
At the mediation, except for the matrimonial assets, parties arrived at a compromise on the rest . But now Indian Court is not accpting that maintaiaince order as a final order. I have reapplied for new order in India. But after fighting for more than year also I am not able to get any order here.My lawyer has suggested me to withdraw the petition from Indian Court and try to enforce the SIngapore maintainace order from Singapore court only. I have no address of other party. So is it possible to serve summons from SIngapore to India through speed post or any substituted service? Is it possible to enforce the same order in India later. Or is there is any better option to resolve this matter.
 
 
 
 
 
 
 

 



Learning

 1 Replies

adv.raghavan (Advocate,9444674980)     01 April 2016

The order is  from reciprocating territory COURT, so there is no need to file a fresh suit in India, i do not know why u filed it   You have to file FOR EXECUTION PROCESS in concerned district court where party resides. It is better u with draw subsisting case. and forward the copy to the concerned district court under relevant sections of CPC.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register