Taking a stay order

Querist : Anonymous (Querist) 25 September 2011 This query is : Resolved
If a foreign court gives a judgment expartee for divorce, child support and division of property against the spouse living in India who has married under Hindu Marriage act in India, can he take a stay/relief in Indian court against the order of foreign court.

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adv. rajeev ( rajoo ) (Expert) 25 September 2011
In my opinion she can;t take stay against the order of the foreign courts in India.

Querist : Anonymous (Querist) 25 September 2011
Are the judgment of divorce valid in India

Shonee Kapoor (Expert) 25 September 2011
No stay is possible on foreign court judgement, but the matter can be re-litigated in India.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 25 September 2011
Check if the following is useful for you,i am sick today hence refraining lengthy work.

1991(2)Crimes855(SC), II(1991)DMC366SC, JT1991(1)SC33, 1991-2-LW646, (1991)3SCC451, [1991]2SCR821

Raj Kumar Makkad (Expert) 25 September 2011
A judgment passed by a foreign court is equally valid in India as per provisions of Civil Procedure Code.

Raj Kumar Makkad (Expert) 25 September 2011
Division of properties situated in India cannot be decided by a foreign court as no cause of action has accrued therein.

Querist : Anonymous (Querist) 25 September 2011
The Apex court spelt out guidelines for recognition of foreign court martimonal judgments to decide when Hindu marriages solemnised in India were said to be dissolved by unforceable foreign decrees.
Y. Narasimha Rao v. Y. Venkata Lakshmi. (1991)

ashok kumar singh (Expert) 30 September 2011
agree with experts opinion, thanks.

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