A foreign divorce decree is not automatically valid or enforceable in India. Its recognition generally depends on whether the foreign court had proper jurisdiction and whether the divorce was granted on grounds recognised under the applicable Indian law.
Under Section 13 of the Code of Civil Procedure, 1908, a foreign judgment may not be conclusive in India if, for example, the foreign court lacked competent jurisdiction, the judgment was not given on the merits, or it is contrary to Indian law or public policy. The parties should also have been properly served and given an opportunity to present their case.
If the foreign divorce was obtained by mutual consent and the circumstances satisfy the requirements applicable in India, recognition may generally be easier. However, where the divorce was granted on a ground that is not recognised under the relevant Indian matrimonial law, an Indian court may refuse to recognise it.
For important matters such as remarriage, maintenance, custody, or property rights, it is advisable to have the foreign decree and the circumstances of the divorce reviewed by an Indian family-law lawyer before relying on it.
