Legal Question in Family Law in India
family law
how a foriegn decree can be validated in india
6 Answers from Attorneys
Re: family law
it all depends upon nature of the dispute and the decree passed by the court.
Re: family law
If judgement was given by the competent court and the said foreign judgement/decree shall be conclusive to any matter thereby directly adjudicated upon between the same parties or between the same parties under whom they or any of them litigating under same title and obtained on merirs and without playing any fraud than the said foreign decree is valid in India.
Re: family law
This is an important question of law and requires detailed discussion on facts and circumstances.
Re: family law
Foreign decree is valid in India if it is passed by a competent cour and has not been obtained by fraud etc.
Re: family law
question is not proper and without details.
Re: family law
A foreign decree is always valid in india and can be enfored,
UNLESS
(a)It has not been pronounced by a Court of competent jurisdiction; (b)It has not been given on the merits of the case;(c)It appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the Indian Law in cases in which such law is applicable;(d)The proceedings in which the judgment was obtained are opposed to natural justice;(e)It has been obtained by fraud;(f)It sustains a claim founded on a breach of any Indian law in force.