instructions from the 2nd respondent regarding validity of
judgment of divorce of a foreign court in India. Relying on
Augustine Kalathil Mathew v. Marriage Officer ... petitioner had
obtained a valid decree of divorce from a foreign court.
9. Having considered the contentions advanced, I am of the
opinion that
instruction from the 2 nd respondent regarding
validity of judgment of Divorce of Foreign Court, in India. The
petitioners submit that the 1st petitioner ... voluntarily and effectively submitted to the jurisdiction of a
Foreign Court and consented to grant divorce to each other,
although the jurisdiction of the said
interim injunction to restrain the
petitioner from proceeding with any divorce petition in any foreign Court
pending disposal of FCOP ... suit injunction restraining the
petitioner (husband) from proceeding with the divorce petition before the
foreign Court till filing of counter in FCOP
Foreign Element :
2. In this case, the Appellant/Defendant, was the Husband and the
Respondent/Plaintiff was the wife, since divorced. For the sake ... rights and liabilities arising out of the divorce
granted and hence the foreign element.
C. The French Law :
3. Under the French law, the marital
vexed questions of
recognition of decrees granted by foreign courts by
enacting "The recognition of Divorces and Legal
Separations Act, 1971" our Parliament ... Naveda forum-hunting, found a
convenient jurisdiction which would easily
purvey a divorce to him and left it even before
the ink on his domiciliary
marriage.
Section 13 CPC reads as under:-
13. When foreign judgment not conclusive.
A foreign judgment shall be conclusive as to any matter
thereby directly ... foreign judgments. - The Court
shall presume upon the production of any document
purporting to be a certified copy of a foreign
judgment that such judgment
that case, decree of
divorce was passed by a foreign Court i.e. USA. Parties married in India
and governed by Hindu Marriage ... wherein a Hindu couple was settled
in foreign country. Foreign Court had granted decree of divorce on the
ground of irretrievable breakdown of marriage
petitioner and
respondent No.2 has been dissolved by a decree of divorce by mutual consent
under Section 13-B of Hindu Marriage Act. Respondent ... also withdrawn the civil suit
challenging the decree of divorce granted by the foreign Court. She has also
withdrawn the petition under Section
visa in case of foreigners who were married to Indian nationals
but have been divorced, if the couple had a child whose custody is given ... foreigner. The relevant clause is set out below:
"(b) In case of divorce:
(i) If the couple had a child whose custody has been
Rajeswari Chandrasekar Ganesh vs The State Of Tamil Nadu on 14 July, 2022
Author: A
