The core issue
A foreign divorce decree does not answer every Indian legal question by its mere existence. Indian courts examine whether the foreign judgment is conclusive, whether the court had jurisdiction, whether both parties had notice and opportunity, and whether the decision is compatible with Indian legal principles.
Section 13 CPC
Section 13 of the Code of Civil Procedure, 1908 is central to the review of foreign judgments. A foreign judgment may not be conclusive where it is not on merits, where the foreign court lacked jurisdiction, where natural justice was violated, where fraud is involved or where it sustains a claim founded on a breach of Indian law.
Practical consequences
The issue may affect remarriage, maintenance, custody, property rights, pending Indian proceedings and criminal or civil remedies. A certified copy of the foreign decree and complete court record should be reviewed before relying on it in India.