time' oftlre
proceedings in the foreign court residing in the" foreign 'country. In doing so,
foreign Court. if it is otherwise competent ... foreign divorce to be disregarded.
A familiar example is the case where the divorce was granted by 'the foreign
court without giving a hearing
were a decree granted by
foreign court. In general, a foreign decree
204
of divorce is recognised in any other jurisdiction either on
the ground ... litigated in the foreign
action or the defendant appeared and had an opportunity to
contest it, a foreign divorce may be collaterally attacked
for lack
divorce decrees passed by the foreign courts, including the
courts of sister States. A foreign decree of divorce would be
denied recognition in American Courts ... foreign decree may be collaterally attacked for lack of
jurisdiction, even though jurisdictional facts are recited in the
judgment. Therefore, a foreign divorce decree
foreign jurisdiction in violation of a
foreign court order, desperate parent seeking child support and
maintenance, non-resident spouse seeking enforcement of foreign
divorce decree ... foreign
jurisdiction in violation of a foreign court order, desperate parent seeking
child support and maintenance, non-resident spouse seeking
enforcement of foreign divorce decree
that respondent should have
approached the competent court seeking declaration of foreign divorce
decree as null and void.
11. Learned counsel for the respondent ... facts of the present case. It is contended
that foreign divorce decree was an ex parte decree wherein respondent
could not contest. The said decree
which it is founded. Domicile is such a jurisdictional fact. A foreign divorce decree is therefore, subject to collateral attack for lack of jurisdiction even ... courts refuse to apply a rule of foreign law or recognize a foreign judgment or a foreign arbitral Award if it is found that
citizenship of that foreign country
but he is now domiciled in that foreign country, then under what
circumstances, a decree of divorce granted in that ... Supreme Court held the necessary ingredients to recognise the foreign
divorce decree in India. In the aforesaid case, the facts were akin to the
present
divorce enumerated in the Divorce Act 1869, the
judgment cannot be recognized by the Court in this Country. The divorce
decree of the Foreign Court ... divorce decree in
India and hence, there may not be any legal impediment for granting
divorce to the husband in the Foreign Court. Therefore
divorce enumerated in the Divorce Act 1869, the
judgment cannot be recognized by the Court in this Country. The divorce
decree of the Foreign Court ... divorce decree in
India and hence, there may not be any legal impediment for granting
divorce to the husband in the Foreign Court. Therefore
residence of 90 days for the purpose of obtaining divorce-
Divorce decree by foreign court on a ground not available
under the 1955 Act-Enforceability ... Foreign judgment-Photostat copy-Admissibility of.
Private International Law-Matrimonial dispute-
Recognition of foreign judgment-Rules for recognition of
foreign matrimonial judgment laid down-Hague
