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
Section 13 ."
Thus, the Court held, that "a foreign decree of divorce obtained by the husband from the Nevada State Court ... thereafter that he was seeking divorce from her. As I have held that decree of divorce granted by foreign Court is nullity the consequence would
Sunil Podar vs The National Trust For Welfare Of Person ... on 13 February, 2023
Author
contention of the husband in that case,
that divorce obtained from a foreign country was required to be confirmed
by the Courts in India. After ... valid decree, there was no
challenge to the foreign decree of divorce and there was thus no need for a
second divorce petition in Courts
Court and Respondent No. 2 has agreed not to challenge the
foreign divorce decree or initiate any further litigation against each
other. The copy
respect of a divorced wife and whether the
decree of divorce granted by the foreign Court where the parties had lived together
for more than ... press the point that a decree of divorce granted by a
foreign Court should not be relied upon since the parties were married in India
Corpus
cannot also be resorted to, to execute an order of a foreign court.
31. Ms. Rajkotia submits that the petitioner has failed to disclose ... fact that the he
has filed a petition for divorce before the foreign court after his return to US
from India. She submits that
India. This would simply translate to this : A
petition for divorce filed in a foreign country if not seeking divorce on a
ground recognized ... ground on
which the husband was seeking divorce in the foreign shores.
6. It is not in dispute that marriage between parties was solemnized
Section 13 of CPC
reads as under:-
13. When foreign judgment not conclusive - A
foreign judgment shall be conclusive as to any matter
thereby directly ... divorce in
this country. A bare perusal of foreign judgment makes it amply clear
that divorce has been granted on the ground that marriage
amended by Divorce Reforms Act, 1969, Section 2(i)(e) permits the Court to grant a decree of divorce on the sole ground of irretrievable ... Venkata Lakshrm , where it was held that a decree of divorce granted by a foreign Court, on the ground of irretrievable break down of marriage
