Dr. Ram Manohar Lohia National Law University, Lucknow: Synopsis On

DR.
RAM MANOHAR LOHIA NATIONAL

LAW UNIVERSITY, LUCKNOW
CONFLICT OF LAWS
Synopsis on
IMPLEMENTATION OF FOREIGN DIVORCE DECREE IN INDIA
Submitted to: Submitted by:

Dr. Prem Kumar Gautam Sakshi
Asst. Professor B.A.LL.B (VIII sem.)
Roll no. - 111
INTRODUCTION
Foreign divorce decrees have become very common these days in India. It is very necessary
for these foreign divorce decrees to get recognition in India for their implementation. There
are many implication of after divorce like change in legal documents and for these after effect
it is necessary to get enforced these foreign divorce decrees in India. So, the question is
whether divorce decree given by foreign court would be valid in India and binding on the
parties? It is very necessary to get to know whether particular foreign divorce decree is
recognised or not by Indian court. It is even better if such opinion is taken before seeking a
divorce in a foreign court so that such foreign divorce decree can be enforced in India with
minimum hassles. Once a foreign divorce decree is refused to be recognised in India by a
lower court, it becomes very cumbersome and time consuming to get a positive result out of
such divorce decree.
Under Indian law it is not only the forum which have jurisdiction to entertain proceedings
under the Hindu Marriage Act, 1955 is competent to pass a decree of divorce but relationship
of marriage governed by the Hindu Marriage Act, 1955 can also be dissolved by foreign
decree of divorce.
Section 13 of the CPC, 1908 and section 41 of Indian Evidence Act dealt with the recognition
of foreign divorce decree in India. It can also be recognised on the basis of existence of a real
and substantial connection between the parties and the court which exercised the divorce
jurisdiction. Section 14 of CPC is an exception to section 13 and combined reading of both
section 13 and 14 makes the position of law clear that if a certified copy of a foreign
judgment is produced in a court of law directly adjudicating upon any matter between the
same parties, the same shall be presumed by a court to have been pronounced by a court of
competent jurisdiction unless the contrary is proved.
Important case in this regard is Y. Narasimha Rao v. Y. Venkata Lakshmi1 which talks about
the rules of private international law pertaining to recognition of foreign divorce decree in
India.
These dual proceedings of divorce decree and its enforcement in India are because in India
marriage is considered to be a sacrament and divorce is not easily obtainable. Where one
party is interested in divorce whereas the other is not, it takes years for the party seeking
1
divorce to get the same. Some individuals have devised a mechanism of forum shopping and
they seek divorce from jurisdiction where it can be obtained easily. So for the enforcement of
foreign divorce decree Supreme Court has made constructive interpretation of the existing
laws and provision of India to decide when such a foreign divorce decree can be held to be
valid and legal in India. For the recognition of foreign decree in India these decrees must
complies with all conditions mentioned in section 3 of CPC, 1908.
TENTATIVE CHAPTERISATION
1. Introduction: This head will discuss in brief about the whole issue in this project. In
This project will mention all the important points which are to be discussed further.
2. Domicile issue: Problem arises when the parties have their domicile in one country
and one of them obtains matrimonial relief in a foreign country. The courts in this
country also insist as a matter of rule that foreign matrimonial judgment will be
recognised only it is of the forum where the respondent is domiciled or habitually and
permanently resides, the provisions of sections 13, clause (d) may be held to have
been satisfied.
3. Typical Conditions: There are some conditions which are typically relevant for the
deciding the recognition of foreign divorce decree in India. Also there are two
possibilities:
 Divorce Proceedings Not Attended by person who did not apply for divorce.
 Divorce Proceedings Attended by person who did not apply for divorce.
4. Validity/Recognition of Foreign Divorce Decree in India: Section 13 of the CPC,
1908 did not give conclusive recognition to any matter if it did not complies with the
all the above mentioned six conditions. A decree of a foreign court is normally
recognised by a court in another jurisdiction as a matter of comity and public policy.
But no country is bound to recognise and give effect to a decree of a foreign court if it
is repugnant t its own laws and public policy.
5. Consequence of Invalid Decree of Divorce: Divorce decree must be validated in
Indian context also otherwise there are many consequences of invalid decree of
divorce like bigamy, maintained issue etc.
6. Conditions in which foreign divorce decree cannot be recognised: There are some
conditions like public policy, breach of some mentioned under section 13 in which
foreign divorce decree cannot be given recognition in India.
7. Conclusion
8. Bibliography
RESEARCH METHODOLOGY
This research will be entirely based upon the Doctrinal method of study. It will use primary
and secondary sources. Books, web sources, case laws will be used for making project. This
is an analytical and explanatory research work.
OBJECTIVE
Objective of this project is to find out whether a foreign divorce decree can be recognised in
India. What are the implications of foreign divorce decree in India so as to give recognition to
these decrees?
BILIOGRAPHY
1. Legal status of Foreign Decree of Divorce for Hindu Couple Married in India, Anil
Chawla Law Associates.
2. Recognition of Foreign Divorce Decrees in India: A Case for Contextual Interpretation,
The Indian Law Institute.
3. Recognition of Foreign Divorce Decree In India and its Judicial Enforcement,
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