legal distinction between domestic and foreign decrees.
Section 44A of the CPC governs only decrees passed by foreign Courts
of reciprocating territories and does ... India v.
Vedanta Ltd.2 , affirms the strict conditions under which foreign decrees
may be enforced under Indian law.
vii. The judgments relied upon
that if the foreign 'contract gets extinguished' under the
foreign law, and all parties are domiciled in the foreign country during the
relevant ... State of Jammu & Kashmir or in any foreign country.
So far as execution of foreign decrees is concerned, in India, the
principle underlying
same criteria as the American Courts
for denying validity to foreign decrees of divorce. (206p;
207 A-B]
(2) The Judgment of the Nevada Court ... serve a
two-fold purpose: a perception of principles on which
foreign decrees of divorce are accorded recognition in
America and a brief acquaintance with
execution the decrees of the courts of one State
were considered to be decrees of the courts of a foreign State in the other ... former States against the execution of the decrees which were at that time decrees of foreign court and which were not competent in the meaning
they become the decrees of the present High Court by virtue of this provision, they cannot be called decrees of foreign courts now, and must ... were passed by a foreign court against non-resident foreigners who did not submit to its jurisdiction, for the. decrees must be deemed
marrying is immaterial,mthc decrees of divorce
or judicial separation to which our recommendations relate would be decrees
-passed in foreign countries. and would ... recognition of foreign judgments. respect
for the susceptibilities of the foreign sovereign continued, to preclude
re-examination of his decrees based on his accepted
26th January 1950, cannot have the effect of converting such foreign decrees into valid and executable ones in the Mysore Courts. He urges that ... International Law were the only factors governing the recognition of such foreign decrees and that the introduction into Mysore of the Indian Code of Civil
decrees in question are post constitution decrees, i. e., they were obtained after 26-1-1950. Both the decrees are ex parte decrees and were ... contends that the decrees in question must be treated as decrees of foreign Courts qua the Pepsu Courts in which they were sought
foreign judgments in
personal and family matters, and particularly in matrimonial disputes has
surged to the surface. ... A large number of foreign decrees in
matrimonial ... Recognition of Foreign Divorces" (1976)
made a radical departure in suggesting that, in considering the
questions about the recognition of foreign decrees of divorce
execution, as applicable to domestic decrees, would
also indiscriminately extend to foreign decrees, especially in light
of the conspicuous absence ... decrees, the legislature ought
to have expressly prohibited the same for foreign decrees if such
was the intent, especially when it created the legal fiction
