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Private International Law-1111111
Private International Law-1111111
Introduction
The matrimonial laws are not same around the world and it differs from country to country.
When marriages and their dissolution were performed in the same country, then it poses no threat
with regard to the validity of them. But the present day scenario is that the parties have their
domicile in one country and one of them obtains matrimonial relief in a foreign country.
Grounds for Refusal:
Also, the 1971 Act has laid down two exhaustive grounds under which a foreign divorce decree
would be denied recognition under English Law. They are:1.When there is violation of principles
of natural justice[5], or[6] 2. When the recognition would manifestly be contrary to public
policy[7].
Indian Law:
Foreign divorce decrees have become widespread phenomenon in India in recent times. Once the
divorce decree is obtained, either parties or both of them may approach Indian authorities to
make necessary changes in the legal documents like passport so that they can either remarry or
avail the benefits of being a single and unmarried individual. However, the Indian Law has
implemented stringent measures as to rules pertaining to change or deletion of the name of a
spouse. Now, for removing the name of a spouse from the passport of the other spouse can be
done only if the foreign divorce decree has been first recognised by an Indian court.
Civil Procedure Code, 1908: In general, section 13 and 14 of the Civil Procedure Code, 1908
governs the recognition of foreign judgement. Section 13 of the CPC renders a foreign
judgement unenforceable and inconclusive in 6 circumstances, when the judgement or decree is;
pronounced by a court of incompetent jurisdiction;
not based on the merits of the case;
founded on an incorrect view of international law or a refusal to recognise the law of
India in cases in which such law is applicable;
obtained in the proceeding which has violated the principles of natural justice;
obtained by fraud;
based on a claim founded on a breach of any law in force in India.
On a plain reading of this section, it reflects that a foreign judgement become conclusive and
enforceable when it complies with all the above-mentioned conditions. Even if any one of these
grounds has not been fulfilled then the decree would be inconclusive and ultimately would be
legally invalid and not binding. For instance, in the case of Satya v. Teja[8], while dealing with a
matrimonial dispute, the Supreme Court held that the challenge under S. 13 cannot be restricted
to disputes in civil nature but also to disputes in criminal nature. In this case a foreign decree of
divorce was obtained from the Nevada State Court in USA by the husband in absentum of the
wife without her submitting to its jurisdiction was held to be not binding and valid upon a
criminal court in proceedings for maintenance[9]. This case categorizes itself lucidly under s.13
(a) in which the Court is not competent and thereby the decree was denied recognition.