Home | Legal Advice | Civil Law Cases | Execute foreign divorce decree in India

Execute foreign divorce decree in India

Shivendra Pratap Singh

Advocate

24/06/2021/ 5:39:53 PM

Reading Time:

Question: My husband and I live in the United States of America (USA). We are incompatible and cannot live together. Therefore, we have decided to break our marital relations. We have thus filed a mutual consent divorce case and recently the American court has passed a divorce decree. How to execute foreign divorce decree in India? Whether we will have to file a fresh divorce case in India? I have decided to live in India therefore, I want execution of American’s court in India.

Question from: USA

You can execute the foreign divorce decree in India if the decree does not violate any law prevailing in India. The mutual consent divorce is also prevailing in India. Section 13-B of the Hindu Marriage Act 1955 provides divorce by Mutual Consent. 

Next step is to check whether the conditions of Section 13 of the Code of Civil Procedure (CPC) have complied or not. Section 13 says that foreign judgment is conclusive in India in respect of the matter adjudicated thereto if these conditions are fulfilled.

  1. Decree should be passed by a competent foreign court.
  2. The decision was given on merit of the case.
  3. The Court has adopted the correct view of International law.
  4. Decree should recognise the law of India.
  5. Proceeding of court should be in conformity with the principle of natural justice. 
  6. Decree should not be obtained by fraud. 
  7. Sustain a claim which does not breach any law in force in India.

How to execute foreign decree in India

If the above conditions are fulfilled then you can easily execute foreign divorce decree in India. The Hindu Marriage Act recognises the mutual consent divorce then decree is prima facie does not violate Indian law. You both have given their consent and there is no dispute remaining to adjudicate. 

The court has finally adjudicated your matter and the right to appeal has either exhausted or waived. Thus you can proceed to execute the decree of American court.    

File an application under section 44A CPC

You should file an application under section 44A of the code of civil procedure (CPC) for execution of foreign decree in India. The application shall be filed before the district court within whose territorial jurisdiction you reside.

Also read: What is the procedure for execution of foreign decree in India?

There is no limitation period for filing an execution application in India [Baroda v. Kotak Mahindra Bank Ltd. 2015]. You should take a certified copy of the decree from the court. The seal of the court should be clearly visible.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

Cancellation of Sale Agreement

Question: Cancellation of sale agreement without consent of party. I executed an agreement of sale for a 497 sq.yards site with a condition that I will get clearance from ULC. I took advance of 2 lakhs cheque and 2 lakhs cash, totalling to 4 lakhs. It's been 22 months...

Landlord does not provide a rent receipt

Question: After making rent payment, the landlord does not provide a rent receipt. Also not picking up calls & responding to messages. What action can be taken against him? Asked from: Maharashtra You should send to him a legal notice on his residential or postal...

Forfeiture of earnest money in withdrawal of tender

Question: I am a contractor and have some tenders in BHEL. The Bhel has forfeited earnest money because I have withdrawn a tender. So I want to know whether forfeiture of earnest money in withdrawal of tender is legal in India. BHEL has published tenders for the...

Arbitration in respect of non-arbitrable issues

Question: Some tenders were issued during last financial year. Tenders were in respect of fencing and drainage on both sides of the road. The department has allotted those tenders to my company. Company has to conduct a survey of land and demarcate slope angle for the...

Mud road on my land :  How to get it back?

Question: Government has laid a mud road on my land a few years ago. I have all documents stating the land where the road is laid belongs to me. We do not know about this. How to get my land back? I have all documents stating the land where the road is laid belongs to...

Can mother execute a registered will

Question: Can mother execute a registered will towards the property which she had received from my deceased father? My father died in the year 2021 and he has named my mother as the 100% owner of the existing house in the registered will. I have 4 older brothers and 1...

Appointment of arbitrator under the agreement

Question: My firm is doing business of gravel supply to the government. I want to know whether the appointment of an arbitrator under the agreement is possible? Our firm got a tender from the public works department of Uttar Pradesh. According to the tender agreement...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54