Nri divorce - which country's law applies

Did some research and found that the foreign court has no jurisdeiction for NRI divorce if one decides to enforce it.

See https://www.nridivorce.com/NRID70.htm

"Ahluwalia sought restraining order against the man from initiating divorce proceedings in Australia on the ground that a foreign court had no jurisdiction to entertain such a plea.."

Can anyone confirm if this is true?

Himanshu,

I have a query:

This divorce is filed by one party against other or by Mutual Consent?

The law of India in this matter has been crystallized like following:

If both the spouses have agreed to the jurisdiction of the foriegn court, then the same decree of divorce is enforceeable in India.

However, when one of the parties has not accepted such jurisdiction the said decree is not a valid decree and hence such divorce is not valid in India.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Hi SK,

The divorce has been filed by one party.

Can I request the court to dismiss the divorce petition on the grounds that it is not recognized in the Indian legal system.

Would the court accept my request?

You can withdraw it, in civil cases all over the world it can be withdrawn by the petitioner.

HI SK,

It is not me who has filed the petition.

My wife has filed the petition.

so I've to request the court to dismiss the case. My question is would the court accept my request and dismiss the petition filed by my wife?

Here what do you want?

If divorce is initiated by her and you participate, it is valid in India.

If you don't want divorce, you can always invoke that the court has no jurisdiction.
 

Tx SK.

What if court doesn't agree with my request? I'm not sure how else I can make them to dismiss the case?

You can always litigate the matter in Indian Courts