Foreign jurisdiction

Querist : Anonymous (Querist) 23 September 2011 This query is : Resolved
As India is not a signatory to Hagque convention, can an order passed by a foregin court filed by an Indian citizen asking for divorce, child support and divison of property against her Indian husband would be binding on him.

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Guest (Expert) 23 September 2011
Subject to approval in principle by the competent court on merits of the case.

ESTHERPRIYA (Expert) 23 September 2011
Yes it is binding on the person and the property in India. Can you tell me which country it is?

Querist : Anonymous (Querist) 23 September 2011
It is United States of America. Does not court had to see whether they are living together atleast six months. As in this case though the husband went on a L2 dependant visa, he was not allowed to stay with her and he had to stay separately.
They both last lived together in India. Does this not bring the jurisdiction of the divorce case to India.
Even after the status of the visa has changed to H4 where he is not eligible to work and he being solely dependant on him she did not allow him to stay with her and he had to fend himself doing odd jobs.
Still does the US courts have jurisdiction by passing the order exparte as he is in India.

Raj Kumar Makkad (Expert) 24 September 2011
What ever be the pleading of the court of USA, the Court in India shall execute it subject to provisions of CPC means you shall be entitled to raise objections as provided under Order 21 of CPC.

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