tested at if it were a decree granted by
foreign court. In general, a foreign decree
204
of divorce is recognised in any other jurisdiction ... divorce decrees passed by
foreign courts which includes the courts of sister States.
Shorn of confusing refinements, a foreign decree of divorce
is denied recognition
decree of any
superior Court of a foreign territory is submitted for execution by a
foreign decree-holder must be a Court which could have ... another foreign national in
India. The second distinguishing feature is
that Section 44-A permits the foreign judgment debtor to challenge
the foreign decree even
Morena
court. According to the decree-holders the decree in
question is not a decree of a foreign court as contemplated
by 'the Code ... decree-holder filed
an application for execution of the decree before the
Allahabad Court. The judgmentdebtors contended that the
decree being a decree of foreign
enforceability of the foreign award under Sections 47 to 48, would the foreign
award be deemed to be a decree of that Court. Post such ... enable Indian Courts to execute foreign awards. The foreign award does not
transform into a decree of a civil court in India. The foreign award
execution of the decree before the Allahabad
Court. The respondents contended that the decree being a
decree of a Foreign Court to whose jurisdiction they ... purpose, the
questions that arise are:-
1. Was the decree a decree of a foreign
court?
2. Could the Court at Gwalior order the
transfer
execution of the decree on the ground that it was an ex parte decree passed by a foreign Court when he was still a subject ... State of Bombay, the decree could be executed as it has ceased to be a decree of a foreign Court.
This decision was approved
live illustration before us where the decree
holder was able to get a money decree of a foreign Court which is
notified as a superior ... jurisdiction is competent to exercise power for execution of decree,
including money decree of the foreign Court of reciprocating
jurisdiction, provided other conditions are complied
jurisdiction to execute the decree.
(b) On merits challenge to the foreign decree on the plea that it
violates the law in India ... breach of Indian laws.
(c) That the objection of the foreign decree being obtained by fraud
was not sustainable.
EFA (OS) No.3/2014 Page
decree was passed the judgment-debtor could have raised the objection that the decree was a nullity because it was a decree of a foreign ... deemed to be a foreign decree is that the decree when made was the decree of a foreign Court and cannot change its character
decree of the Okhamandal Court is a foreign judgment or a foreign decree within the meaning of the Civil Procedure Code.
8. This, however ... question is to determine that if it is a foreign judgment or a foreign decree, then can it be executed by this High Court. Section
