Indian Kanoon - Search engine for Indian Law

17. From a plain reading of these provisions it is clear that a foreign judgment is conclusive between the parties as to any matter directly adjudicated upon, unless it is marred by any of the disqualifications under clauses (a) to (f) of Section 13 of the Code of Civil Procedure,1908. Besides there is a presumption about the competency of the court. This presumption however is rebuttable.

18. In Y. Narsimha Rao and Ors (supra), while considering the scope of Section 13 CPC, the Apex Court observed that there is a need for definitive rules for recognition of foreign judgment in personal and family matters and particularly in matrimonial dispute, when a large number of foreign decrees in foreign matters are becoming the order of the day. The Apex Court observed that minimum rules of guidance for securing the certainty in the matter of recognition of foreign judgments; need not await legislative initiative. The Apex court, salgaonkar 11 of 31 foreign judgment FCA 56-16----2.doc therefore, laid down guidelines which read thus:-