Ram__Kolli (abc) 28 June 2012

Annulmunt in us, validity in india

Hello,

My friend Married in India and had his marriage annulled in the U.S.A on the basis on non consummation of marriage and fraud saying she was in relationship with someone else before the marriage and was never revealed prior to the marriage by her to which she accepted.

Is this Annulment decree valid in India?

Thanks,

Ram.

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1 Replies

Tajobsindia (Senior Partner ) 29 June 2012

@ Author,

The divorce by US Court is valid in India provided it fulfills all conditions of S. 13 of Civil Procedure Code, 1908 (in short The CPC).

S. 13 CPC deals with the conclusiveness of foreign judgment. It states as follows

"S. 13 CPC
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."