Validity & Execution of Divorce Decree Passed by Foreign Court

Divorce Decree Granted by Foreign Courts

• Mutual Consent Divorce – In such scenarios, the decree issued by a foreign court considered legal, and binding in the Indian courts under Section 13 and Section 14 of the CPC – Civil Procedure Code. Section 13 elaborates the condition on when the foreign court’s verdict won’t be considered in India and Section 14 elucidates the conditions when the Indian courts would consider the foreign court’s judgment to be final. 

• Contested Divorce – In such scenarios, a decree which does not hamper through Section 13 is not required to be validated in India. This only falls under Section 14 of the Civil Procedure Act. However, in the case of mutually consented divorce decrees, the convulsion is lesser in comparison with contested ones. In the scenarios of a divorce decree issued by foreign court in a contested divorce matter, validity gets a question mark.
  
  

Cases and Conditions where Foreign Divorce Decree is Inconclusive

• An ex-parte decree passed by a foreign court is considered inconclusive in India. Also, any decree passed in the absence of the other party is ex-parte. This is majorly because complications arise when summons are not served on the other party either intentionally or via omission.

• Divorces under the laws other than marriage laws in India. For instance, a marriage is performed under Hindu Marriage Act shall be applicable for divorce protocols under that only. This is solely because the divorce is governed by the same law under which one gets married. The concept of the law of the land does not apply here if the individual/couple is residing elsewhere.

• Divorce cases not validated by a court of competent jurisdiction also comes under this category.

• Cases which seem to be holding a wrong view of the international law or the ones that fail to recognize Indian laws. Also, in the scenarios where the judgement/verdict are either procured through fraud or the ones that does not line in with the natural laws.

• If the verdict is based on an unfair ground without giving the fair opportunity of hearing or failing to consider evidence as it is considered as violation of principles of justice.

Cases and Conditions where Foreign Divorce Decree is Conclusive:

• As per a general rule, if an individual contests for divorce in foreign land, it would be believed that she/he submitted to the jurisdiction of that court. This would be a case where the verdict will be conclusive.

• The Court dealing with the Divorce proceedings must be a Court of Competent jurisdiction.

• If an applicant has applied for divorce in a state where he has never lived and has concealed the fact of his relationship with the state, then it will be considered fraud. The Hon’ble Supreme Court counts this as fraudulence.

• In a scenario where the other party is not heard, it is considered inconclusive however, if there are enough evidence and the other party cannot present their case then in such scenarios also, the court can give a final verdict.

• Comity of Courts concept is also taken into consideration which states that the courts in different countries should be respectful and acknowledge the decrees passed by foreign courts.

Execution of a foreign divorce decree:

• Filing under Section 44A. Section 44A conveys that a decree issued by courts in reciprocating territories should be considered for execution with the notion that it was issued by the Indian court only and should not be treated as foreign line.
  
  
• Another way is to file a suit against foreign decree. For example, if the decree does not concern to a superior court as stated by the Central Government in the Official Gazette, the decree won’t be applicable to be execute in India directly. In this case, the decree will be considered as evidence not a verdict.