Aditya Prasad vs Perena Gupta on 26 November, 2025
5. It is argued that the decree in question is a bi-parte decree and it will
bind both the parties and is a decree on merits. It is further argued that New
Zealand is a reciprocating territory and as per Section 13 of the Civil
Procedure Code, the foreign judgment would be conclusive because it has
been pronounced by a Court of competent jurisdiction on merits of the case
and is founded on correct view of law and has not been obtained by fraud or
on breach of any law in force in India. Therefore, the application was filed
before the Family Court under Section 44A of CPC. It is further argued that a
person in possession of a foreign decree of divorce can file such an
Signature Not Verified
Signed by: PREM SHANKAR
MISHRA
Signing time: 06-12-2025
16:08:40
3 MP-6403-2025
application to get the foreign decree authenticated by a Court in India in
terms of Section 13 of CPC and such a course of action as well as
maintainability of application under Section 44A of CPC has been upheld by
two different High Courts in India i.e. Madras High Court in case of August
Pedre vs. Sub Registrar Pondicherry Municipality Puducherry, reported in
2024 SCC OnLine Mad 9738 and in the case of Seethal Joseph vs. Marriage
Officer, Kayamkulam Municipality , reported in 2018 SCC OnLine Ker
19269 . Therefore, it is prayed to set aside the impugned order of the Family
Court and allow the petition or to remand the matter back to the Family
Court to pass an order in accordance with Section 44A read with Section 13
CPC so that the decree may be got authenticated in India whenever the
petitioner comes down to reside in Indian territorial limits.