Marriage solemnized in India and divorce decree obtained in Kuwait

584 votes

Foreign court decree of divorce or dissolution of marriage can be valid in India provided such decree is according to the provision of law in India as provided under section 13 of the Civil Procedure Code and Principle of law as laid down by the Indian courts. A foreign court divorce decree may be valid in India ONLY if the spouse had lived in that country and had consented to that country's jurisdiction.

Under Section 13(e), Civil Procedure Code, the foreign judgment is open to challenge "where it has been obtained by fraud". Fraud as to the merits of the respondent's case may be ignored and his allegation that he and his wife "have lived separate and apart for more than three (3) consecutive years without cohabitation and that there is no possibility of a reconciliation" may be assumed to be true. But fraud as to the jurisdiction of the foreign court is a vital consideration in the recognition of the decree passed by that court.

As per the latest Supreme Court judgment which had held that a decree of divorce granted by a foreign court is not valid in India if the ground is not recognized by Indian law.

Advocate Ajay NS LawRato

548 votes

The facts furnished are incomplete. It is not mentioned whether it was a contested divorce or otherwise. Anyhow, if the grounds on which the divorce was granted holds good in accordance with the provisions of law as applicable in this country, the decree is valid in India as well.

Advocate P Venu LawRato

635 votes

No....The decree which you obtained from foreign country has no validity in India. And it can not be validated in India.From your question it is not clear that which LAW is applicable to you. So it would be better to consult an advocate in India and file a divorce petition before the FAMILY COURT where your marriage is solemnized.

Advocate Sindu R Kurup LawRato