Cant the indian supreme court ask foreign courts not to entertain divorce if they are not citizens
Querist :
Anonymous
(Querist) 08 August 2011
This query is : Resolved
Of late we have seen many individuals both males and to a lesser extent females are seeking divorce (for convenience) from foreign courts from the place where they are residing although still Indian Citizens.Most of them you have seen are ex parte decrees.
It is creating lots of hardship/suffering to the victim of this practice and in many cases they are helpless.
Is there any way the Supreme Court or the Indian Government ask the foreign courts or Heads of those countries not to entertain such divorce applications, when they are not citizens of that country.Or can the United Nations take up this issue for the benefit of the Family.
Thank you in the interest of the sanctity of marriage and family bond.
R.Ramachandran
(Expert) 08 August 2011
Dear Anonymous,
You should understand certain things. I can do things only within my jurisdiction. Supreme Court has no power to ask Courts in other countries to do or not to do certain things.
Suppose, the Supreme Court of USA asks our SC not to entertain any pertition filed by you. What will you do. Will you not question, who is the US SC to say. Will you not say, that "I am the citizen of India and I have every right to approach our SC and SC has to entertain and dispose of my petition."
So, everybody is acting within their rights and jurisdiction.
Dr V. Nageswara Rao
(Expert) 08 August 2011
Jurisdiction of Courts is mostly terrirotial and Courts of one country cannot give directions to the Courts of another Country. So also Courts of one State in India cannot give directions to Courts in another State.
But, as a part of comity, Courts give recognition to judgments given in another country and this includes divorces also unless they are obtained by fruad or without jurisdiction.
Querist :
Anonymous
(Querist) 08 August 2011
I agree. But when someone who is still a citizen of India, just because he got a job in USA and has been resident of USA, cunningly instead of getting divorce in the place where he or she married conveniently get a divorce decree from USA court. When such a thing happens, our experts say that it is not binding on victim, since it does not fall into the jurisdiction. They suggest to get it nullified in Indian court. In that case the Indian Government should insist that the person who got the divorce decree issued from a foreign court should get it endorsed in the family court here in india according to the case jurisdiction. this is not practiced.
Such a person having got the decree just waits for the time period to lapse and without any hesitation get into another relationship and further complicates things. so what is the solution. should everyone get the decree nullified in the same court that issued the decree or go to an indian court.
R.Ramachandran
(Expert) 08 August 2011
Whatever that you say in your first paragraph is the fact situation and your wish list as to what the law should be or what the Govt. of India should do. I do not enter into that arena at all as it is not in our hands.
As regards your second paragraph, "should everyone get the decree nullified in the same court that issued the decree or go into an indian court".
Whether everybody would like to do the same thing or not nobody can say.
If you want, you can agitate the matter either in the same court or in an Indian Court.
prabhakar singh
(Expert) 08 August 2011
THE PROBLEM FELT BY YOU CAN BE SOLVED BY BILATERAL AGREEMENTS BETWEEN TWO COUNTRIES.YOU CAN RAISE A POLITICAL VOICE THERE FOR.
Advocate Rajkumarlaxman
(Expert) 08 August 2011
