Legal Question in Family Law in India
how indian court set aside the foreign divorce decree?
US court has granted ex parte divorcee decree. 1)how the indian courts will set the US court ex parte decree set aside/nullity? 2)do the indian courts has power to set aside the foreign decree? 3) under what section ,the indian court will set aside the US divorce decree? 4) while challanging the US divorce decree in indian courts, can we ask the indian court to set aside /nullity /un enforceble/not valid in india? what exactly we have to ask the indian courts among these words? pls help me out.
3 Answers from Attorneys
Re: how indian court set aside the foreign divorce decree?
the decree of divorce would be set aside on the ground that either party is a citizen of india, either party has initiated litigation in india while the petition in u.s. was pending...the law of res judicata would be attracted..the foreign decree can also be set aside on the ground of lack of jurisdiction.
Re: how indian court set aside the foreign divorce decree?
Indian courts have jurisdiction and discretion over the cases which are internal and not international.
Re: how indian court set aside the foreign divorce decree?
(1) Yes.
(2) Yes.
(3) C.P.C. AND H.M.A.
(4) You should engage a lawyer to draft your petition and pursue your remedy.
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