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.