Untitled Document
Divorce-Validity of Foreign Judgments by Ujwala Mandgi
Added on 2008-08-12 05:10:00
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In modern times this question is often being posed by many clients especially in Matrimonial matters. Spouses would have got married in their respective countries and would have settled down in foreign countries on account of employment etc. Divorce Decrees would have being obtained by approaching foreign courts.
a)How far do these decrees bind the parties.
b) Does it bind a spouse who is in India/the country of her origin when the Decree for divorce is passed by a foreign court. etc
It is necessary to mention that :-
a) A foreign decree/judgement is binding and conclusive on the parties wher the parties have consented for a decree in foreign court- no matter the jurisdiction of the court was not in accordance with the provisions of the matrimonial law of the parties.
b) A foreign judgement is not binding on the party who was in India at the time when the judgement was passed ex parte. The said party can challenge such a decree on the ground that it is not binding on him/\\\'her and can prevent the husband / wife from enforcing the said decree and getting married for a second time.
c) Similarly a second husband who is not a party to the foreign judgement obtained by the wife cannot challegne its validty to nullify his own marriage as he was not a party to such a foreign judgment.
The Honble Supreme court declared that the courts in india will not examine whether conclusions recorded in the judgement of a foreing court are supported by evidence or otherwise correct as the binding nature of the judgement can be displaced by establishing the case to fall under the execptions provided in c.p.c
The Honble Supreme court has also held that the private international law is not the same in all countries and that there is no system of private internation law which could claim universal recognition. The question wheteher a decree of divorce passed by a foreign court is entitled to recognition in India must depend principally on the rules of private internation law recognised by indian courts. Such recognition is accorded not as an act of courtesy but on considerations of justice.
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Contact Author ujwalamandgi@hotmail.com
Designation Advocate
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