Foreign Divorce judgment not given in accordance with Indian law will not be recognised
Clause (a) of Section 13 states that a foreign judgment
shall not be recognised if it has not been pronounced by a court
of competent jurisdiction. We are of the view that this clause
should be interpreted to mean that only that court will be a court
of competent jurisdiction which the Act or the law under which
the parties are married recognises as a court of competent
jurisdiction to entertain the matrimonial dispute. Any other court
should be held to be a court without jurisdiction unless both
parties voluntarily and unconditionally subject themselves to the
jurisdiction of that court. The expression "competent court" in
Section 41 of the Indian Evidence Act has also to be construed
likewise.
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: April 22, 2013
PRITAM ASHOK SADAPHULE
versus
HIMA CHUGH
CORAM:
HON'BLE MS. JUSTICE VEENA BIRBAL
