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Does divorce in USA valid in India?


GunturGongura

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On 7/1/2016 at 7:37 PM, GunturGongura said:
Section 13 of Civil Procedure Code governs " When foreign judgement not conclusive" in India. 
It covers Jurisdiction, merit of case, whether fraud was committed to obtain Divorce, 
Whether grounds of Divorce covers the Grds in Indian Laws like Hindu Marriage Act, Cruelty, desertion, adulatory. 
In a case decided by Supreme Court , Vikas Aggrawal obtain Divorce within 2 months of Marriage on no fault divorce from USA Court, was declared invalid and Mtn of Rs. 50000/- app p.m.[$1000 per month] granted with imprisonment of Husband.  
Such tricky fraudulent judgements are declared invalid, especially in case of Divorces .

Foreign countries do not recognize our Hindu Law. Irretrievable breakdown of marriage, or even "no fault Divorces" are granted, . Those grounds are not allowed in India, so Divorce obtained on grounds other than those under which the couple married are declared invalid. 
However if couple normally reside in foreign country and accept it's Jurisdiction, the competent court's Judgement is binding here in India. 

So it differ from the fact and circumstances of the Divorce case, and no general guideline can be drawn.  

All cases are special case to determine the validity of foreign Divorce Decree in India. 
 

 

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On 7/1/2016 at 7:37 PM, GunturGongura said:
Section 13 of Civil Procedure Code governs " When foreign judgement not conclusive" in India. 
It covers Jurisdiction, merit of case, whether fraud was committed to obtain Divorce, 
Whether grounds of Divorce covers the Grds in Indian Laws like Hindu Marriage Act, Cruelty, desertion, adulatory. 
In a case decided by Supreme Court , Vikas Aggrawal obtain Divorce within 2 months of Marriage on no fault divorce from USA Court, was declared invalid and Mtn of Rs. 50000/- app p.m.[$1000 per month] granted with imprisonment of Husband.  
Such tricky fraudulent judgements are declared invalid, especially in case of Divorces .

Foreign countries do not recognize our Hindu Law. Irretrievable breakdown of marriage, or even "no fault Divorces" are granted, . Those grounds are not allowed in India, so Divorce obtained on grounds other than those under which the couple married are declared invalid. 
However if couple normally reside in foreign country and accept it's Jurisdiction, the competent court's Judgement is binding here in India. 

So it differ from the fact and circumstances of the Divorce case, and no general guideline can be drawn.  

All cases are special case to determine the validity of foreign Divorce Decree in India. 
 

 

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On 7/1/2016 at 9:37 PM, GunturGongura said:
Section 13 of Civil Procedure Code governs " When foreign judgement not conclusive" in India. 
It covers Jurisdiction, merit of case, whether fraud was committed to obtain Divorce, 
Whether grounds of Divorce covers the Grds in Indian Laws like Hindu Marriage Act, Cruelty, desertion, adulatory. 
In a case decided by Supreme Court , Vikas Aggrawal obtain Divorce within 2 months of Marriage on no fault divorce from USA Court, was declared invalid and Mtn of Rs. 50000/- app p.m.[$1000 per month] granted with imprisonment of Husband.  
Such tricky fraudulent judgements are declared invalid, especially in case of Divorces .

Foreign countries do not recognize our Hindu Law. Irretrievable breakdown of marriage, or even "no fault Divorces" are granted, . Those grounds are not allowed in India, so Divorce obtained on grounds other than those under which the couple married are declared invalid. 
However if couple normally reside in foreign country and accept it's Jurisdiction, the competent court's Judgement is binding here in India. 

So it differ from the fact and circumstances of the Divorce case, and no general guideline can be drawn.  

All cases are special case to determine the validity of foreign Divorce Decree in India. 
 

 

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