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Author Topic: Execute my foreign divorce decree (Section 44A of the Civil Procedure Code)  (Read 726 times)

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Offline divyasreee555

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we got divorce (contested) in aboard. last 10 years both living us living in aboard. I remarried another NRI person 2 years ago in aboard. Now my ex hubby filed new case under section HMOP 9 in india against me and refused that he did not contest in foreign court(we have aboard divorce degree signed by him). we have submitted all necessary documents in family court, case in trail. Petitioner filed another Original suit section 26 in another District Munsif court and requesting to cancel my second marriage and demanding money. he spoiled my 10 years life.Now he trying to torturing though multiple cases in india. it would be better someone advise on this matter. Thanks.
Below are my queries:
1. Can i approach high court to direct lower courts to combine all cases into 1 court?
2. He stolen my property documents and jewels which i kept in his native place (india), can i book criminal case for this?
3. He has included my family members and my husband family members in the new case - civil suit 26. - demanding to cancel my second marriage. is it possible to book case on him for false allegation and hiding fact.
4. How can I validate/ Enforce or Execute my foreign divorce decree (Section 44A of the Civil Procedure Code) in India

Offline advjaibansal

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Re: Execute my foreign divorce decree (Section 44A of the Civil Procedure Code)
« Reply #1 on: September 19, 2018, 06:44:35 AM »
Dear Ma'am,

IF the foreign decree of divorce was contested one by both husband and wife and husband contested the case. Then foreign decree of divorce is valid in India. There is no such procedure for validation of foreign decree in India.

IF the foreign decree is on mutual consent grounds and contested grounds then it is valid in India. Provided the husband has not left the proceedings stating that there is no jurisdiction of the foreign court, which can be only advised after looking at the documents.

With regard to the cases filed in India, please file an application under order 7 rule 11 of civil procedure code for dismissal of the cases by showing the foreign decree of divorce.

As you husband has already filed a case for declaring the foreign decree null and void, you don't have to file a separate case now for validating the same. If his case is dismissed then you foreign decree will become valid.

In India every court has different jurisdiction on different types of cases, I doubt that the cases filed by the husband can be clubbed together and tried together before one judge.

In case you need professional help, you can contact me on
bansal.jai@gmail.com
9868566649
Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline kalaskarkk

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Dear Sir,

It is a big issue and without going through the concerned documents,  I am unable to answer your queries.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification


 

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