Is the uk divorce decree valid in india?

Dear querist,

Indian Judicial System has a reasoned and internationally acceptable approach for validating foreign judgments and decrees. Under Sec 13(a) of Civil Procedure Code, 1908 a foreign judgment is conclusive in any matter which has been adjudicated by a court of competent jurisdiction except in certain circumstances. Also Sec. 41 of Indian Evidence Act, 1872, provides that a final judgment of a competent Court in the exercise of matrimonial jurisdiction is conclusive proof that the legal character which it confers or takes away accrued or ceased at the time, declared in the judgment for that purpose. Anything in totality can be said after considering facts and circumstance of each case.  

First is, whether the judgment of the court is from "reciprocating territories",

 

The List of the Reciprocating Territories as per the Provisions of Section 44 A of the Code of Civil Procedure, 1908, is as under :

1.       United Kingdom

2.       Aden

3.       Fiji

4.       Republic of Singapore

5.       Federation of Malaya

6.       Trinidad and Tobago

7.       New Zealand, the Cook Islands (including Niue) and the Trust Territories of Western Samoa

8.       Hong Kong

9.       Papua and New Guinea

10.     Bangladesh

11.     United Arab Emirates  

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

Dear querist,

 

Supreme Court in the many cases and in particularly in Y. Narasimha Rao And Ors vs Y. Venkata Lakshmi And Anr, Supreme Court (1991 SCR (2) 821, 1991 SCC (3) 451) observed that if a foreign judgment has not been given on the merits of the case, the courts in India will not recognise such a judgment. A foreign judgment must have been given on the merits of the case; a judgment is said to have been given on the merits when, after taking evidence and after applying his mind regarding the truth or falsity of the plaintiff’s case, the judge decides the case one way or the other.

 

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

Dear querist,

 

Section 13 CPC.

 

13. When foreign judgment not conclusive— A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except—

(a) where it has not been pronounced by a Court of competent jurisdiction;

(b) where it has not been given on the merits of the case;

(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to

recognise the law of India in cases in which such law is applicable;

(d) where the proceedings in which the judgment was obtained are opposed to natural justice;

(e) where it has been obtained by fraud;

(f) where it sustains a claim founded on a breach of any law in force in India.

 

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

You challenge the UK divorce in India by filling restitution of conjugal rights petition in the Family court where you live in India. You husband will be sent summons to defend the case by the Indian court and either he will defend it by stating the UK court decree of divorce or will remain absent from the court proceedings. If he remains out of court proceedings, the court will proceed ex-parte against him and pass decree of restitution of conjugal rights in your favor, this gives you proof of being still married to him. If he defend the RCR petition by using UK court decree of divorce, you can always defend it and get it declared null and void under section 13 of Civil Procedure Code and set Principle of law laid down by the Supreme Court of India with regards to foreign divorce decree. His UK divorce decree will definitely be declared invalid in India as it will not be based on the ground of divorce available in the Indian divorce laws like the Hindu Marriage Act, 1955 etc. Nor it was passed by competent court in India as required under the Indian Act under which the marriage was solemnized in India. The foreign court divorce decree is usually held valid if both parties submit to the foreign country court jurisdiction and go ahead with divorce by mutual consent. In this case neither you surrendered to UK court jurisdiction nor it was divorce by mutual consent where you both participated for obtaining the divorce.

The above two experts have given the detail and accurate responds. I would also add that under Section 82 of the Indian Evidence Act, there is persumption as to documents admissible in England without proof of seal or signature and UK divorce decree will be recognized by Indian Courts.

Dear Experts,

Many thanks for your kind responses.

To make it more clear, I have the UK divorce decree. Is it enough for the divorce (or) do I need to get it enforced in the indian court?