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
same
criteria as the American Courts for denying validity to foreign
decrees of divorce, though recent legislative changes have
weakened the authority of archaic rules ... many such cases, the courts in India could recognize the
foreign divorce decrees, prompted the court to discuss the legal
52
principles further
after the Constitution on the ground that they are no longer decrees of foreign courts as both the Courts come within the territory of India ... Private International Law govern the execution of ex parte decrees of a foreign court. Those principles are well stated by Cheshire in his book
said judgments affirm that Foreign Court
decrees do not override the paramount consideration of a
child's welfare. The sixth respondent emphasizes that
Gabriel ... minor child takes
precedence over technicalities like comity of Courts or
foreign decrees.
13. Addressing the petitioner's claims of ignorance
about the sixth
Special Marriage Act, 1954 , provides for dissolution of marriages by decrees of divorce, only if such marriages had been either solemnised under that ... However, marriages solemnised under the Foreign Marriage Act, 1969 , or foreign marriages recognised thereunder, could be got dissolved by decrees of divorce under the Special
respondent has consented to the grant of relief before a Foreign Court, the judgment and decree granted by any such forum would be conclusive ... relief is in matters relating to matrimonial laws and decrees granted by Foreign Court taken to be sufficient to cure the jurisdictional defect. To that
worth of subject
foreign judgement, there was other abundant evidentiary
material on record and therefore suit ought to have been
decreed on that basis ... native suit independent of foreign
judgements and therefore the said suit ought to
have been decreed...?
Our answers to the question
property, injunctive relief, Court costs ,
indemnification are required to be accepted and decreed.
15. For the reasons aforesaid, we allow this appeal
holding that ... Court has observed as follows:
"47. Recognition of decrees and orders passed by foreign
courts remains an eternal dilemma inasmuch as
whenever called upon
property, injunctive relief, Court costs ,
indemnification are required to be accepted and decreed.
15. For the reasons aforesaid, we allow this appeal
holding that ... Court has observed as follows:
"47. Recognition of decrees and orders passed by foreign
courts remains an eternal dilemma inasmuch as
whenever called upon
respondent has consented to the grant of relief before a Foreign Court, the judgment and decree granted by any such forum would be conclusive ... relief is in matters relating to Matrimonial laws and decrees granted by Foreign Court taken to be sufficient to cure the jurisdictional defect. To that
