Foreign divorce decree bind over in india


HI, Can anyone suggest how to file bind over petition and in which court to file ie.. District or in High court.
 
Reply   
 
Advocate

Foreign divorce decree is valid and binding in India if it is not challenged in the court by either party to marriage. It is valid under section 13 & 14 of the CPC if it was passed by foreign court keeping in mind the conditions provided therein. No further validation required through any Indian court if the validity not challenged or questioned in the court.
 
Reply   
 



If foreign country has reciprocating treaties then only decree will be valid at face of record.
 
Reply   
 
Business

There are a series of High Court and even Supreme Court judgments on the validity of divorce decrees from foreign courts and a one-line answer would at best be incomplete or even misleading. There are various factors involved, too many to list here but a review of some of the Judgments will help. At the minimum, both parties should have had a fair opportunity in the foreign Court to contest, and actually contested and litigated, the law under which the marriage took place and if that law or something similar was applied, domicile issues at the time of divorce (which itself is a complex subject) and many more... Unfortunately I do not have the judgments with me now.

 
Reply   
 
advocate/director

Though the foreign court has pronounced the divorce it is not binding on the indian law.

If one of you have come back from a foreign country subsequently you can always challenge it and get it nullified.


Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086
 
Reply   
 

Status of both and the condition for the validity

1. Married in INDIA and registered

2. Both Citizens of UK

3. Domicile of UK (Pemeanent Residence in UK)

4. It is contested Divorce

5. Decree pronounced by UK's County court

6. Yes, and INDIA is in reciprocating treaty.

After all this she filed DVC and 498A in Feb 2014 since then disappered by not attending the court hearing where out of 44 she appeared only 8 times, Now can anyone tell where is the JUSTICE system in this country.

 
Reply   
 
FIN

Has spouse accepted the jurisdiction/decree of divorce by foreign court?

A divorce decree by a foreign court is not valid in India if the ground is not recognized by Indian laws, …is not granbted as per provisions of personal law applicable to spouses………….is not issued by court of competent  jurisdiction….not decreed on merits of the case..

 
Reply   
 
FIN

GO thru;

THE CODE OF CIVIL PROCEDURE, 1908

PART I SUITS IN GENERAL JURISDICTION OF THE COURTS AND RESJUDICATA

13. When foreign judgment not conclusive.

14. Presumption as to foreign judgments

2 [44A. Execution of decrees passed by Courts in reciprocating territory

 

Also go thru; notifications by the Central Government in the Official Gazette for reciprocating territories..

Hope your matter is within list of such territories..

THE INDIAN EVIDENCE ACT, 1872

41. Relevancy of certain judgments in probate, etc., jurisdiction. –– A final judgment, order or decree of a competent Court, in the exercise of probate, matrimonial….

 
Reply   
 
FIN

Also go thru;

Supreme Court of India

Y. Narasimha Rao And Ors vs Y. Venkata Lakshmi And Anr on 9 July, 1991

Equivalent citations: 1991 SCR (2) 821, 1991 SCC (3) 451

Author: P Sawant

Bench: Sawant, P.B.

 

Supreme Court of India

Satya vs Teja Singh on 1 October, 1974

Equivalent citations: 1975 AIR 105, 1975 SCR (2) 97

Author: Y Chandrachud

Bench: Chandrachud, Y.V.

 

Orissa High Court

Dr. Padmini Mishra vs Dr. Ramesh Chandra Mishra on 5 March, 1990

Equivalent citations: AIR 1991 Ori 263, II (1990) DMC 408

Author: P Mishra

Bench: P Misra

 

 
Reply   
 
FIN

 

 

 

 

Similar query has been discussed in many threads at LCI also that you can search thru SEARCH option in thresds, Articles, Files etc

e.g;

Article under my profile;

“Is Divorce by foreign court valid in India!”

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu