Legal Question in International Law in India

Re: Declaring NJ Divorce Order Null and Void by Family Court, India

As per the limited facts as naratted by you in brief : According to Section 13 of Civil procedure code which states about that " When foreign Judgement not conclusive & its recognition - A foreign Judgement shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except - (a) where it has not been pronounced by a Court of competent jurisdiction;

(b) where it has not been given on the merits of the case;

(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of [India] in cases in which such law is applicable;

(d) where the proceedings in which the Judgement was obtained are opposed to natural justice;

(e) where it has been obtained by fraud;

(f) where it sustains a claim founded on a breach of any law in force in [India]

General-A foreign Judgement is conclusive except when it is (1) not by a competent Court;(2) not on merits;(3) against International or Indian Law;(4) opposed to natural justice;(5) obtained by fraud; and (6) founded on a breach of Indian Law.

The supreme Court in Y. Narsimha rao v/s Venkata Lakshmi has further clarified the guidelines to be followed as regards the foreign judgements.

In brief only after testing every fact and sitiation by the appropriate forun in India foreign court order can be recognised.

Re: Declaring NJ Divorce Order Null and Void by Family Court, India

Questions raised are without any detailed facts,however in law two courts cannot hold parallel trials. If either party conceals of earlier proceedings , the later proceedings and orders passed therein shall be a nullity provided the Court is of competant jurisdiction.Please give details to answer precisely. Sarat chandra