family-law-header

Foreign Decree Divorce

STATUS OF FOREIGN DECREE OF DIVORCE

Most of the Indian often remain confused with the questions that whether the divorce decree obtained in the foreign court is admissible in India and whether will that decree amount to permanent divorce.

Law Office of G.S. Bagga & Associates is often asked with following questions:

  1. Q.Can a marriage which is solemnized in India dissolved by foreign Court?
  2. Answer: Section 13 of Civil Procedure Code says that a foreign decree is conclusive in India in normal circumstances. In other way it means that when a dispute has been decided by a court it should not be re-contested again and again with a purpose to prevent wastage of time and expense Hence foreign decree of divorce is valid in India.
  3. Q.Can Indian’s living abroad file a case for Divorce in foreign Court?
  4. Answer: Yes, they can file outside India. Generally, people living outside India do prefer to file where they live because of several factors such as local jurisdiction for them, easy to contest the case, mould the facts as per their convenience and most of the time the other spouse against whom the case cannot reach at the foreign court and hence the case proceeds ex-parte and the other party easily gets the marriage dissolved and procures the decree.
  5. Q.Whether a decree of divorce granted by foreign Court say US Court is valid?
  6. Answer: Yes, it is valid if the decree passed by foreign court is having jurisdiction as per Indian law, which says that divorce can be filed where marriage solemnized, where parties lastly resided and where opposite party resided. If the Indian court is satisfied that the decree passed is as per competency prescribed by Indian law, then it is valid.
  7. Q.Whether an ex-parte decree of divorce granted by foreign Court, say US court, will be valid and binding in India?
  8. Answer: Yes, it is valid if the decree passed by foreign court is having jurisdiction as per Indian law, which says despite issuing of summons through different modes like mails, e-mail or etc, the other spouse failed to appear before the foreign court, then the divorce e decree passed is as per competency prescribed by Indian law, then it is valid.

Law Office of G.S. Bagga & Associates helps those who are confused with the foreign proceedings, or they are aware that the other spouse have filed a case in foreign but are not able to do anything due to un-ware of law or not aware of what steps to be adopted to make sure that they do not have to face problems in contesting divorce.

There is no warranty as regards the accurateness or completion of any or all information provided on this website. Consequently, any loss or damage caused due to reason of any error or omissions, resulting from negligence, accident or any other reason or creation of any liability to any person due to such loss or damage is categorically disclaimed and disowned by the company.
Company further neither takes responsibility nor warrants for interpretation or use of any information, provided on our website, either expressly or impliedly by anyone according to their understanding.
As regards the links provided on the website, it is categorically informed that the company owes no liability for any referral made to or any endorsements of or any affiliations with such links. Consequently, the company does not make any representations or warranties about claims made on such links.
Any information collected from our website bars anyone and everyone from creating a lawyer-client relationship amongst the website user and the company. Consequently, the information so provided should be excluded from the legal definition of being constituted as an invitation for a relationship of a lawyer-client. Accordingly, any transmission, receipt or using such information also debars creation of any legal relationship.
As a result, the owner would represent anyone desiring representation only on the basis of personal meeting, whereby the user seeks for the advice of competent counsel in the country/state to which the information is provided on the website. Consequently, anyone who wishes to be represented in a country where such laws fail to comply is categorically advised not to approach the counsel for such representations.
It is further advised that the reader must not adhere to sending of confidential or sensitive information through email over the internet as it is susceptible to risk of lack of confidentiality.
Website thus may only be utilised for the purposes of gathering information only and any information so reflecting on the webpage may not be up-to-date, complete or correct.