New LIVE Course: Learn the Practical Nuances of IPR Drafting by Adv. Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

dev   28 September 2023

Foreign divorce

Dear Sir,

My son & daughter in law were green card holders in USA. My son applied for divorce and she responded by filing a notice of appearance and written statement therein stating that she "also wants a divorce dissolving all bonds of matrimony." Thereafter she came to India to file false cases. Her lawyer there continued to represent her till the end. Due procedure was followed and after getting replies to Discovery & Inspection queries, a divorce decree was obtained on the ground of "mental cruelty and inhuman treatment by wife to husband." In the last hearing her attorney stated that the US court had no jurisdiction as the marriage was solemnised in India.This decree has been challenged by her in a Kolkata civil court. Can we in response say that the local court has no jurisdiction to try her plaint as both parties were domiciled there, followed due process after submitting to their jurisdiction and divorce was obtained on a ground available in India? Is there a citation that we can quote?



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     29 September 2023

The marriage was solemnised in India as per Indian laws.

Therefore the jurisdictional objection raised by the advocate of her side is maintainable.

The court in the foreign country has entertained the divorce application because they both were residing there at the time of filing the divorce petition.

You cannot object their petition on the grounds of domicile 

If you sitll insist on your point ask your lawyer to look for some judgments if any to support your views.


Dr. J C Vashista (Advocate and Legal Consultant)     29 September 2023

The decree passed by US Court is valid and maintainable, whereas, objection qua jurisdiction is invalid and liable to be dismissed.

Shashi Dhara   29 September 2023

Submit the foreign judgement copy to court and prays to dismiss the false petition filed by petitioner.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register