Execution of foreign divorce decree
If the divorce is done by mutual consent, then the decree passed by the foreign court is considered to legal, valid and binding in Indian Courts under section 13 and 14 of Civil Procedure Code.
However, if the divorce is contested divorce then the validity of divorce decree passed by foreign court varies.
If the decree is passed without serving the summons to the opposite party i.e., ex-parte decree or if the divorce is obtained on the grounds that are not mentioned under Hindu Marriage Act, then the decree passed by the foreign court will not be considered as conclusive.
The decree will be considered as valid and conclusive in case where one of the partners contests divorce filed in foreign land or in case where wife consents to the grant of the relief by the foreign court to be valid.
A foreign decree can be executed in India either by filing an execution under section 44 of the Civil Procedure code or by filing a fresh suit for its enforcement.
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