US court verdict on mutual divorce can be valid in India

US court verdict on mutual divorce can be valid in India

Mohammad Shine K, advocate, high court

Q: My daughter got married to a person of Indian origin in the US while she had gone there for MS studies. After her marriage, she stayed in the US for about seven years and had a son from the marriage. However, her relationship with her husband broke down and both of them obtained divorce by mutual consent in the US in 2009. My daughter is now back in India with her son and settled here. She has recently got a good marriage proposal from a family close to us. My query is whether the divorce order obtained by my daughter in the US is valid in India or does she have to file a fresh case here to obtain a divorce order under Indian Law? — CJ Nathani A: From the facts narrated in your query, it can be said that the mutual divorce order obtained by your daughter from a US court will be valid in India. This point has been clarified by the Bombay high court in a similar case of Shiv Indersen Mirchandani and Another V/s. Natasha Harish Advani and Others wherein the court has answered a similar question in the affirmative by referring to the Supreme Court’s ruling in the case of Y. Narsimhrao V/s. Y Venkat Laxmi, which laid down the following rules for recognising a foreign matrimonial judgment in this country. The Supreme Court in its judgment has laid down that the jurisdiction assumed by the foreign court as well as the grounds on which the relief is granted must be in accordance with the matrimonial law under which the parties are married. The exceptions to this rule are: (i) where the matrimonial action is filed in the forum where the respondent is domiciled or habitually and permanently resides and the relief is granted on a ground available in the matrimonial law under which the parties are married; (ii) where the respondent voluntarily and effectively submits to the jurisdiction of the forum and contests the claim which is based on a ground available under the matrimonial law under which the parties are married; (iii) where the respondent consents to the grant of the relief although the jurisdiction of the forum is not in accordance with the provisions of the matrimonial law of parties. From the facts narrated in your query it is observed that your daughter had opted for a mutual divorce in the US Court, and thus it can be said that her case fell under clause number (iii) of the above mentioned rules. Therefore, the judgment of a US Court shall be regarded as a judgment of the court of competent jurisdiction within the meaning of section 13 of the Civil Procedure Code, 1908 and hence, for all purposes it will be regarded as a conclusive judgment.