גירושין

[canadian home]

FOREIGN DIVORCE

With the Indian Diaspora spreading wide, the questions relating to validity of a Foreign Divorces in India, have profound importance. This is an area fraught with many conflicting opinions and judgments full of legalese, here I have tried to articulate the basics of foreign גירושין in India.

We take the example of a couple married in India as per the Indian Law (Special Marriage Act or Hindu Marriage Act). Now since the couple is married in India, wherever they go - they take their personal law with them. Hence even if they subsequently settle in some other part of the world - their marriage and consequently their divorce would still be governed by Indian Law.

GENERAL PRINCIPLE - FOREIGN DIVORCE HOLDS GOOD IN INDIA

Contrary to a lot of misconceptions, as per the General Principle of Law (Section 13 Code of Civil Procedure) A foreign decree is conclusive in India in normal circumstances. This is based on principle of res-judicata - meaning that when a dispute has been adjudicated by a court it should גירושין  not be re-agitated again & again - to prevent wastage of judicial time & expense and more importantly to ensure finality and certainty in human relations.

Hence we start with the presumption that a foreign divorce is valid in India.

 

[Viki]

A broken heart cannot be glued again, but you can find new love. People often think that they will never find anyone again. This misconception is very strong among girls. But I assure you that the dating site will help anyone, click this link here now. You can choose from several thousand profiles.