The matrimonial laws differ from country to country. The issue of divorce decree not being valid crops up when the domicile of the partied is in one country and one of them obtains matrimonial relief in a foreign country.
The matrimonial laws differ from country to country. The issue of divorce decree not being valid crops up when the domicile of the partied is in one country and one of them obtains matrimonial relief in a foreign country. It has become a very common this of late that people after marriage migrate to different country either to stay there permanently or for temporary stay.
Divorce decree granted by Foreign Courts can be divided into two categories:
1. Mutual consent divorce grated by Foreign Courts.
2. Decree granted in Contested Divorce.
In the case of mutual consent divorce decree, the decree granted by a Foreign Court is considered to be legal, valid and binding in the Indian Courts by the virtue of Section 13 and Section 14 of the Civil Procedure Code, wherein Section 13 enumerates the condition when a foreign judgment would not be considered valid in India and Section 14 states that when the Indian Courts would consider the Foreign judgment to be conclusive. A decree which is not affected by section 13 does not need to be validated in India and will be considered conclusive under Section 14 of the Civil Procedure Act.
However, in a case where a divorce decree is granted by a Foreign Court in a contested divorce the answer to the question of validity of the divorce decree varies.
A foreign judgment can be executed in two ways in India. The ways are as follows:
To conclude we can say that a decree passed by a Foreign Court has either to be executed under Section 44A or a fresh suit has to be filed for its enforcement. A foreign divorce decree is considered to be conclusive under Section 14 of the Civil Procedure Code if it passes the test under Section 13 of the said Code.
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