Legal Question in Family Law in India

divorce law in india

Is a divorce judgment in a foreign court valid in India?


Asked on 7/09/08, 10:57 am

4 Answers from Attorneys

Re: divorce law in india

Generally speaking yes.

Civil Procedure Code gives recognition to foreign awards and judgments.

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Answered on 7/09/08, 12:21 pm

Re: divorce law in india

Whether a divorce judgment can be declared as valid and enforced in India depends upon the provisions of the Civil Procedure Code, 1908. According to the said Code, judgment given by courts of foreign countries can be enforced in India only if the Governmet of India has entered into understanding with government fo such foreign country and a notification has been issued in the official gazette of government of india. If there is no such understanding or notification has not been issued then judgments of foreign courts cannot be enforced in India and are not valid in eyes of law.

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Answered on 7/09/08, 2:54 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: divorce law in india

The reply depends upon several facts and circumstances of each case.

The issue pertains to "conflic of laws" and the private international law.

Please provide full facts for appropriate opinion.

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Answered on 7/09/08, 2:56 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: divorce law in india

Yes in some cases

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Answered on 7/18/08, 11:28 am


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