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
foreign Court and the parties
were residing within the jurisdiction of the foreign Court and therefore
the judgment and decree passed by BCC dissolving ... well as the ground on which it is passed the foreign decree
in the present case is not in accordance with the Act under
which
order to determine whether a certain decree is or is not the decree of a foreign court we have to determine its nature ... 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
High Court at Nabha in July 1947 was a foreign decree which could not be executed in the Court at Simla even in spite ... decree is to be taken into consideration, and by that time the decree of the Nabha High Court had ceased'to be a foreign
only which would be applicable to the execution proceedings of the foreign decree in the Indian Courts under Section 44A of the Code. The deeming ... leave any option with the Indian Courts. The foreign decree has to be executed in India "as if it had been passed
obtained a
decree of divorce from the Circuit Court of Cook County, Illinios
Department-Domestic Relations Division. In terms of the said decree ... decree was got
FAO NO.5742 of 2010 (O & M) -4-
passed in favour of the defendant. The said divorce decree being a
foreign
claim of the husband that he has
obtained ex parte decree of divorce against the aggrieved person is
concerned, the wife has already sent communication ... debatable issue whether the relationship on the
basis of foreign decree would culminate the relationship of husband
and wife. From the documents placed on record
Boyd Merriman, P. and Langton, J. held that the decree of a foreign court was vaid and binding throughout the world and the justices were ... laid down that where the parties are domiciled in a foreign country a decree of nullity of marriage pronounced by a competent Court of that
dissolved by a decree of divorce. Though according to the
complainant, a judgment and decree delivered by the foreign Court are not
admissible ... foreign judgment in
divorce proceedings are binding and conclusive in Indian courts, it was
observed that a foreign decree of divorce obtained by the husband
could have been
filed. No challenge has been made to the foreign decree, nor the
decree is a reciprocatory decree. The petition for custody ... approach the issue
regarding the validity and enforcement of a foreign decree or
order carefully. Simply because a foreign Court has taken a
particular view
