Legal Question in Family Law in India
divorce law in india
Is a divorce judgment in a foreign court valid in India?
4 Answers from Attorneys
Re: divorce law in india
Generally speaking yes.
Civil Procedure Code gives recognition to foreign awards and judgments.
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.
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.
Re: divorce law in india
Yes in some cases