Divorce
Suchitra. S
(Querist) 13 June 2010
This query is : Resolved
Respected experts, one of the parties to the divorce stays in Saudi. He has got divorce orders from Court in India. But when he went to submit those divorce papers there in Saudi , they have asked him to get a letter from Indian Home Ministry regarding the same. I want to know whether such thing is needed in fact, and if yes, to whom he should approach in India?
Devajyoti Barman
(Expert) 13 June 2010
The foreign judgements are binding in Indian Courts if it complies with the established principle of law , the Saudi law may be different. From their asking it is understood that they are asking for some authentication for which you may come in touch with Indian Embassy there.
Guest
(Expert) 13 June 2010
Enforcement of foreign judgments and foreign arbitral awards Enforcement of foreign judgmentsIn theory, judgment against a Saudi Arabian party obtained outside the Kingdom ofSaudi Arabia may be enforced in the Kingdom of Saudi Arabia by submitting it to the Board of Grievances. However it is rare for the Board of Grievances or any other court of the Kingdom of Saudi Arabia to enforce a judgment rendered by a foreign court, except for a small number of judgments from countries which are members of the League of Arab States. As a result, even if a party obtains a foreign judgment against a Saudi Arabian entity, usually the only way in which the claim can be enforced in Saudi Arabia is tocommence a new action on the merits before the Shari'ah courts or the Board of Grievances.
The court system
In brief, Saudi Arabia has a dual system of courts, the Shari'ah Courts and the Board of Grievances
1.The Board of Grievances was set up for cases involving the government or governmental entities and, in certain circumstances, commercial parties. The Board of Grievances also handles disputes involving administrative decisions and,importantly for foreign investors, the execution of foreign judgments and arbitral awards
I think your matter will put in the Board of Grievances, Saudi Arab.
