Divorce

Suchitra. S (Querist) 19 March 2010 This query is : Resolved
Respected experts, I want to ask how far foreign judgements are binding in India. Especially, if husband has got ex parte divorce in a foreign country and come to India afterwords and marries for a second time, then, can his first wife file a bigamy case aginst him in India?

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B K Raghavendra Rao (Expert) 19 March 2010
Foreign judgements are not binding on Indian Courts. However, the logic behind the judgements might be appreciated by the local courts to the extent it applies to the case. If the foreign judgement establishes the fact that husband is married and comes to India and marries again in India while the first wife is alive and not divorced, it amounts to offence under bigamy. First wife can file a case against him in India. Here, the judgement is useful only to the extent of proving that he is already married once.

Kiran Kumar (Expert) 19 March 2010
I am not in agreement with Mr. Rao, there are specific provisions, in CPC 1908, regarding foreign judgments. Pls refer to Ss. 13 and 14 of CPC.

as far as bigamy is concerned it has to be seen that by which particular law the parties were being governed....there is some latest SC judgment in this regard, m trying to find it out...the moment i find, i ll let u know.

ad. creaminall (Expert) 19 March 2010
i agree with the opinion of kiran kumar.

Sanjeev Panda (Expert) 19 March 2010
I agree with the opinion of my friend Kiran Kumar.
The decree obtained from foreign country must satisfy the requirements of Section 13 of CPC. Sections 13 and 14, CPC read as under:
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 recognize 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].
14. Presumption as to foreign judgments.-The Court shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.
If the conditions mentioned Section 13 CPC are not fulfiled for instance if the husband gets divorce by misrepresentation of facts or divorce is obtained by fraud, then based upon the merits of the case, the wife can file a bigamy case in India. I agree with my friend Kiran that there are certain SC rulings on the issue.

Sanjeev Panda (Expert) 19 March 2010
See the relevant judgment of Y. Narasimha Rao and Ors Vs. Y. Venkata Lakshmi and Anr. 1991(2)Crimes855(SC) decided by the Hon'ble Supreme Court. The said judgment would clarify your query.