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V.G.Rao Advocate (Advocate)     07 January 2014

How to stay divorce proceedings initiated by husband etc.,

Hi all,

 Husband is presently residing in foreign country, and wife has been deliberately sent to India by husband with an intention to get exparte divorce decree in that country and trying to file divorce case there as he developed intimacy with another lady, now my question is,  

A) can wife in India file suit for injunction restraining the husband from proceeding  for divorce against her in foreign country ? I need suitable judgments in this regard.

B) Can foreign countries abide the orders if any passed by Indian courts in such situations?

C) whether such suits in India maintainable or not .



Learning

 1 Replies

stanley (Freedom)     08 January 2014

The divorce issued by a competent foreign court is valid in India subject to certain conditions.  The respondent should have had reasonable opportunity to defend himself/herself in that foreign court.  If the divorce was obtained (without being declared exparte) it is valid divorce.  If the divorce is obtained by exparte decision of the court, then the respondent spouse should have been staying in that foreign country and despite having the ability to attend the court proceedings he/she should have avoided it.  If it is a case where the respondent spouse is staying in India and the petitioner spouse had applied for divorce in remote place like USA and because of the inability to afford to contest the petition by going to USA the respondent spouse had not attended then, it is not a valid divorce in the eyes of Indian law.

Alternatively there are other options to contest the same through online video conference .


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