Why foreign divorce needs Indian review
Many NRI matrimonial disputes begin when one spouse obtains an order abroad and assumes that the Indian marriage and Indian consequences are settled. That assumption may be unsafe. The decree, pleadings, service records, participation and applicable personal law must be reviewed.
Section 13 CPC and matrimonial principles
Section 13 of the Code of Civil Procedure, 1908 sets out when a foreign judgment is not conclusive. In matrimonial disputes, Indian courts have also considered whether the foreign court had proper jurisdiction and whether the decision is compatible with Indian matrimonial law principles.
Recognition, challenge and consequences
A foreign decree may be relied upon, questioned, or challenged depending on the facts. Consequences may arise in relation to remarriage, maintenance, custody, property, domestic proceedings and criminal or civil claims.