Divorce foreign country

In the first case, the divorce decree passed by the foreign court is valid if both the parties have got the opportunity to represent their case before that foreign court and the ground on which they got divorce decree is a valid ground for divorce (like cruelty, adultery etc.) as per the Hindu Marriage Act, under which they got married.  In the second case also the same conditions apply.  The spouse living outside India can obtain the divorce decree in foreign court, but to make it valid in India, he has to prove that she has been given full opportunity to represent her case before the foreign court and the grounds under which the divorce decree is granted is one of the valid grounds available under Hindu Marriage Act.  The spouse living in India can challenge the divorce decree, if she wants on the ground that she has not been properly informed by way of court notice about the divorce proceedings of the foreign court or she could not contest the case in foreign land due to financial constraints or finally, the grounds under which the divorce decree was granted, i.e., irretrivable breakdown of marriage,  is not a ground in Hindu marraige Act.  I replied supposing both are Hindus and their marriage was solemnized under Hindu Marriage Act.

If both the parties get decree of divorce in foreign country, then that is not a problem.  Butif one spouse gets decree of divorce in foreign countr ad the other objects to it, then it is certainly not valid

Anamika Ji

However, the party getting ex-party divorce in foreign country is valid as far as she is concerned because she never intends to return to India - Is there a way that she is not able to get divorce in foreign country itself or it is not treated as valid in foreign country also

Please advise

Thanks