divorced in Australia valid in India or not

796 votes

Sir
If u are married in India and ur marriage is registered one then you have to seek divorce through Indian court and people of Indian origin normally take divorce in Australia that is valid in Australia but to make utilise and valid in India you have to take divorce in India.

Advocate Geetinder Singh LawRato

669 votes

Hi firstly tell us wheather your marriage was solminized in india or in other country, if u married in india than you should have get divorce in india, because there are supreme court judgment which specificaly stated that if marriage is performed in india than it should be disolve in india not in other country

Advocate Arun Bansal LawRato

773 votes

A foreign Court Judgment and decree on divorce is as valid as it granted by Indian Court. But it has some restrictions. For this i discuss the provisions of law in this regard. Section 13 and 14 of CPC provided the provisions regarding the admissibility and enforceability of foreign judgments. Under Section 14 of the Civil Procedure Code, a presumption arises that the foreign judgment produced before the Court, was pronounced by a Court of competent jurisdiction. But, it is a rebuttable presumption. Section 13 of the Code makes a foreign judgment conclusive as to any matter thereby directly adjudicated between the same parties. But, Section 13 lists out six exceptions to the general rule that a foreign judgment is conclusive. The exceptions are :
(i) where it was not pronounced by a Court of competent jurisdiction;
(ii) where it was not given on the merits of the case;
(iii) where it appears on the face of the proceedings to be founded on an incorrect view of International Law or a refusal to recognise law of India;
(iv) where the proceedings were opposed to natural justice;
(v) where it was obtained by fraud; and
(vi)where it sustains a claim founded on a breach of any law in force in India.

Advocate Ajitpal Singh Mander LawRato

880 votes

Hello
Sir your query regarding foreign judgement is valid in india .first sir clear this rhing whether your wife contested the case or not second judgement is to be passed by competent court of law.

Advocate Deepak Sabharwal LawRato