Foreign divorce judgement

Question

What is the validity of foreign divorce judgment in India? I have been married abroad and granted divorce abroad. But I am a resident of India. I would like to have a good consultation on this. Please help !!!

Answer 1

RECOGNITION OF FOREIGN DIVORCE JUDGMENT IN INDIA
In my practice life, I frequently face clients who married in India as per the provisions of either Hindu Marriage Act or Special Marriage Act and went to foreign country and lead some time as husband and wife there. Thereafter disputes arose between them and one of them filed divorce petition in Foreign Court and obtained order for dissolution of marriage. Now their question remains whether such order of foreign court has any validity or recognition in India!
Before going into the depth of the subject, I want to reproduce the some provisions of law for easy understanding of the issue:

Section 13 and Section 14 of Code of Civil Procedure, 1908 deals with the foreign judgment:
13. When foreign judgment not conclusive.-
A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except-
(a) where it has not been pronounced by a Court of competent jurisdiction;
(b) where it has not been given on the merits of the case;
(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of {Subs. by Act 2 of 1951, s.3, for "the States".} [India] in cases in which such law is applicable;
(d) where the proceedings in which the judgment was obtained are opposed to natural justice;
(e) where it has been obtained by fraud;
(f) where it sustains a claim founded on a breach of any law in force in {Subs. by Act 2 of 1951, s.3, for "the States".} [India].
14. Presumption as to foreign judgments.-
The Court shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment' that such judgment was pronounced by a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.

So Section 13 of the CPC clearly states that foreign judgment shall be conclusive as to any matter thereby directly adjudicated subject to certain exceptions. So from a bare reading of this section alone one can come to the conclusion that judgment by a foreign court for dissolution of marriage which was solemnised in India is a valid one.

However, before forming any opinion, various decisions of the Hon’ble Courts should be read from which different conclusion might arrive at.

Answer 2

Dwelling on the elemental rules of Private International Law and noticing the absence of any enacted rules therefor in the country, the Apex Court, to ensure certainty in the matter of recognition of foreign judgment in India, laid down the guidelines for elucidation of Section 13, CPC. It held the view that the principles of interpretation so evolved were called for to secure the required certainty in the sphere of this branch of law in conformity with public policy, justice, equity and good conscience as well as to protect the sanctity of the institution of marriage and the unity of family, the cornerstones of our social life.
For further reading the following cases can be studied:
1.      Harmeeta Singh vs. Rajat Taneja decided on 23.01.2003 by the Hon’ble Delhi High Court
2.     Mrs.Veena Kalia vs. Dr.Jatinder Nath Kalia and anr decided on 5th May, 1995 by the     Hon’ble Delhi High Court

Cases referred to:
1.   Y. Narasimha Rao And Ors vs Y. Venkata Lakshmi And Anr on 9 July, 1991 by the Hon’ble Supreme Court of India.
2.   Pritam Ashok Sadaphule vs Hima Chugh on April 22, 2013 by Hon’ble Delhi High Court;
3.   Harmeeta Singh vs. Rajat Taneja decided on 23.01.2003 by the Hon’ble Delhi High Court;
4.   Mrs.Veena Kalia vs. Dr.Jatinder Nath Kalia and anr decided on 5th May, 1995 by the Hon’ble Delhi High Court;
5.    Balasubramanium Guhan vs T. Hemapriya decided on 25 February, 2005 by the Hon’ble Madras High Court;
6.   Bhashyam Ramesh @ Rajagopalan vs R.Saroja @ K.K.Saroja on 24 February, 2012 decided by the Hon'ble Madras High Court;
7.   Anubha v Vikas Aggarwal decided on 27.09.2002 by the Hon'ble Delhi High Court;
8.   Paul Tushar Biswas vs Addl. Dist. Judge and another decided on 21.11.2005 by the Hon'ble Gauhati High Court

 

Further complete answer can be seen at :- http://foriegnjudgmentrecognitioninindia.blogspot.in/