ASHOK KUMAR 29 August 2018

is divorce decree of usa valid in india?

If we get a divorce in USA. Is it valid in india? Since we are indian citizens and married in india but presently living in usa on US temporary Visa.

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Adv Deepak Joshi +917017821512 (Advocate) 29 August 2018

Dear querist,

Indian Judicial System has a reasoned and internationally acceptable approach for validating foreign judgments and decrees. Under Sec 13(a) of Civil Procedure Code, 1908 a foreign judgment is conclusive in any matter which has been adjudicated by a court of competent jurisdiction except in certain circumstances. Also Sec. 41 of Indian Evidence Act, 1872, provides that a final judgment of a competent Court in the exercise of matrimonial jurisdiction is conclusive proof that the legal character which it confers or takes away accrued or ceased at the time, declared in the judgment for that purpose.

Anything in totality can be said after considering facts and circumstance of each case.

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Deepak Joshi & Associates

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N.K.Assumi (Advocate) 29 August 2018

In such a case, there are two important steps that we have to note. First is, whether the judgment of the court is from "reciprocating territories", if it is, the decree can be directly enforced, if not, such decree can be enforce only by filing a suit in Indian Court. So far to my knowledge USA is not declared as Reciprocating Territory. Better check out whether USA has been declared as a reciprocating territory by the Central Government, for enforcing the decree of that court. Indin evidence act is very clear that there is persumption as to certified copies of foreign judicil records, but this cannot override the basic principles of reciprocating territory.