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MOHAMED AKBAR (Senior Systems Engineer)     13 October 2016

Foreign divorce execution in india

1. Wife filed DV case in USA and moved back to India
2. Husband Files divorce case in USA and gets divorce without her participation
3. Husband comes back to India and files lawsuit in India for execution of foriegn judgment

I want to get answers for following questions.

1. Would Indian court send a notie to the wife for challenging the forign judgment?
2. If she is not appearing in the Indian court, what would happen?

She is not noncooperative.



Learning

 10 Replies

MOHAMED AKBAR (Senior Systems Engineer)     13 October 2016

She is noncooperative

Kumar Doab (FIN)     13 October 2016

Similar query has been discussed at:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=143037&offset=2

 

https://www.lawyersclubindia.com/forum/Foreign-divorce-summon-served-through-hague-convention-141963.asp

 

https://www.lawyersclubindia.com/forum/Please-need-advice-on-second-marriage-after-foreign-divorce-138292.asp

 

Kumar Doab (FIN)     13 October 2016

Similar query has been discussed at:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=143037&offset=2

 

https://www.lawyersclubindia.com/forum/Foreign-divorce-summon-served-through-hague-convention-141963.asp

 

https://www.lawyersclubindia.com/forum/Please-need-advice-on-second-marriage-after-foreign-divorce-138292.asp

 

MOHAMED AKBAR (Senior Systems Engineer)     14 October 2016

Please explain for my situation sir. The steps mentioned in the message. What would be the outcome

MOHAMED AKBAR (Senior Systems Engineer)     14 October 2016

Nice answer sir. Popcorn?

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     14 October 2016

If she does not appear, the case will be decided ex-parte in your favour.

If she appears, she can challenge the foreign divorce decree on three grounds: 1.  She has not submitted to the foreign court and it is an ex-parte decree.  2.  She was not in a position to stay and fight the case abroad. 3.  The grounds on which the foreign divorce deccree is granted, i.e., irretrivable break down of marriage, is not a ground available under Indian law.  If she succeeds on any one of the grounds, then you have to file a case here and get a decree after proving your contentions before the court.

Samarpan

ANAMIKA VICHARE (LAWYER)     16 October 2016

The Decree passed in USA in yourcase is absolutely valid because yourwife filed DV and moved to INdia, but you should not have filed execution in India

If she wouldhvchallenged it them it would hvbeen different case

 

Nowthat you hv filed execution, serve her properly andthen f shedoes not appear seek exparte orde for proceedng

 

MOHAMED AKBAR (Senior Systems Engineer)     17 October 2016

I have not yet filed a case in India. I am going to file divorce case sooner. I just checking it's validity. Thank you for your opinion.

MOHAMED AKBAR (Senior Systems Engineer)     17 October 2016

If I try to register my second marriage in registrar office, would that foreign divorce decree be accepted? If refused, what is the option?

MOHAMED AKBAR (Senior Systems Engineer)     17 October 2016

Is the foreign decree accepted in registrar office while registering the second marriage?

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