Foreign decree on divorce validity in india

pramod (Querist) 27 October 2012 This query is : Resolved
Dear Experts,

Please guide on the following issue as follows;

Husband and wife both are Hindus, marriage solemnized in India as per Hindu rituals, after few years both shifted to abroad and filed mutual consent for divorce over there and further got a Decree.

Hence the issue that whether a mutual settlement between husband and wife before a foreign Court with reference to the its consent on divorce is binding or valid in Indian Court ?

If so kindly do provide relevant provisions in order to substantiate the issue.

Thank you all

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Devajyoti Barman (Expert) 27 October 2012
Yes it is binding in India.
Read CPC.

pramod (Querist) 27 October 2012
Dear Experts,

Please guide on the following issue as follows;

This issue has come up right now due to transaction of immovable property situated at Bangalore and belongs to husband.

Husband is the sole owner of the property and having no loan or any sort of third party interest on the property. Husband decided to sell the property to one Mr X and taken advance payment of Rs. 10 Lakhs. Mr.X, is availing a Bank loan for purchasing the said property. Bank demanded Mr. X to provide indemnity from the divorced wife of the property owner along with her NOC or execute a power of attorney.

Hence what could be the best method of execution to be a part of a solution? Therefore request respective experts to guide the best means and method to sort out the dilemma.

Warm Regards

Pramod

Devajyoti Barman (Expert) 27 October 2012
The Bank is asking for unreasonable demand. When he wife if not the joint owner of property she has no share in the husband's property and even if she is not divorced she has no right in it.

Go for another bank for loan. This Bank is misdirected about the provision of law totally.

pramod (Querist) 27 October 2012
Dear Barman Sir,

Thank you so much for your timely response. Really so nice of you.

Thank you Sir.

Raj Kumar Makkad (Expert) 27 October 2012
The demand of the bank is highly unreasonable but this is the sweet desire of bank to demand either of the documents as the money belongs to it and you can't force it to advance it to you. Move to some another bank for this purpose.