Validity and Execution of a Foreign Divorce Decree in India

The Globalization has Metamorphosed the International Family Law, there is ever increasing movement of Indian families to foreign lands. According to a Ministry of External Affairs report, there are 32 million NRIs and OCIs residing outside India and overseas Indians comprise the world’s largest overseas diaspora. Every year approximately 2.5 million (25 Lakh Indians) migrate outside India, of which more than 50% are married.

Not all couples travel together, its observed that one spouse first travels and then the other follows on dependent visa. At times only one spouse travels and the other continues to reside in India.

Marital conflicts escalate in some cases and result in litigation, the international family law is a significant subject that helps bridge the gaps and provides opportunity to aggrieved party to file required suits in any country of their current residence and fetch orders and such decree obtained in a foreign court needs to be enforced in India. The best family lawyer for NRIs can be consulted to understand the propositions on the validity or such decree and the procedure for enforcement.

The judgment given by a foreign court is enforced on the principle that where a court of competent jurisdiction has adjudicated upon a claim, a legal obligation arises to satisfy that claim.

The types of decrees / judgements obtained from a foreign court in matrimonial conflicts are often that of Divorce and or Child Custody.

A Foreign decree is ACCEPTABLE in India if the following conditions are satisfied

• It is pronounced by court of competent jurisdiction
• It has been given on the merits of the case
• The proceeding is as per the provisions of private international law
• Acceptance to recognize the Indian law where such law is applicable
• Such Decree obtained is not against the Principle of Natural Justice
• Such Decree is not obtained by any kind of fraudulent means
• Such Decree does not breach any law enforced at present in India

A Foreign decree is NOT ACCEPTABLE in India in the following conditions

• If such judgement can be impeached due to error of fact or law
• The Court does not carry a competent jurisdiction
• If the Judgement is pronounced is not on the merits
• Such judgement is against the Indian Laws or the International Laws
• Such judgement is against the principle of natural justice
• Such judgement is obtained by fraud
• Such judgement breaches any law that is governed in India

How to Enforce Foreign Decree in India

1. By instituting a suit on such foreign judgement in India within three years from the date of Judgement
2. Execution of the Foreign Decree as per section 44-A of the Civil Procedure code subject to satisfaction of Conditions in Section 13 (a) to 13(f) of the code.

Conclusion:

In case of marital disputes,

• If the judgement obtained is by Mutual Consent such decree can be enforced in India.
• If you are aggrieved by an Ex-Parte order received by your spouse in a Contested Divorce or Child Custody or any other matrimonial dispute, such is not acceptable in India and you can exercise your rights to protect your legal interests
• Decisions with respect to enforcement can be appealed in the high court, if such order is adverse the appellant can reach the supreme court an file a special leave petition too.

Feel free to write to us at mail@lawersonia.com or call at +91 9845944896 if you wish to consult or discuss your matter.

Sonia and Partners is a Boutique Law Firm led by Adv. Sonia Rajesh supported with a team of qualified and among the best lawyers in Bangalore practicing in the area of Family Law and Criminal defence serving both Citizens of India and Oversees Indians / NRIs.