Validity of Foreign Decrees / Divorce Decrees under Indian Law

Indian law addresses this issue through Section 13 and 14 of the Code of Civil Procedure, 1908 which explain when a foreign decree can be recognized and given effect in India.

Section 14 CPC provides that when a foreign judgement is produced before an Indian court, the court shall presume that such judgement has been passed by a court of competent jurisdiction.

This provision creates the legal presumption in favour of foreign judgements. The presumption operates unless and until the contrary is proved. Therefore, at the initial stage or Prima Facie a foreign court decree is treated as valid.

This means:

·         The Indian court starts with the assumption that the foreign decree is valid.

·         The foreign decree is not automatically rejected.

·         The burden lies on the person challenging the foreign decree.

Thus, section 14 gives a presumption in favour of foreign judgements.

Nature of the presumption

The presumption under Section 14 is rebuttable, not absolute. It does not grant unconditional recognition but shifts burden of proof onto the party who challenges the foreign decree.

Unless this presumption is displaced, the foreign judgement continues to have legal effect in India.

Exceptions

Under Section 13 CPC, there are circumstances in which a foreign judgement will not be considered conclusive. A foreign decree may be refused recognition if it is proved in a court of competent Indian jurisdiction that:

·         The foreign court lacked the jurisdiction

·         The judgement was not given on merits

·         The proceedings were opposed to principles of natural justice

·         The judgement was obtained by fraud

·         The defendant did not voluntarily submit to the jurisdiction of the foreign court

If any of these conditions are established, the presumption under section 14 stands displaced.

Burden of proof

The responsibility to prove that a foreign decree falls within the exceptions of Section 13 CPC lies on the party challenging the decree. Mere existence of foreign judgement is not sufficient to deny its effect in India without proof of any statutory violations.

Question :     After grant of Divorce Decree by a Foreign Court

Does one require a Validation of Divorce from an Indian Court ?

ANSWER : A fresh divorce decree from an Indian court is not required. If the foreign decree satisfies the conditions laid down under Section 13 CPC and the presumption under Section 14 remains unrebutted, the Divorce Decree of a foreign court is recognized and enforceable in India.         

Indian law does not need filing of a suit for declaration in an Indian court to validate a Foreign Court Decree. If someone wants to challenge it, in that case, if other party challenge has to fall under any conditions of Section 13 of Civil Procedure Code, then a suit can be filed by that party. So my opinion concludes that there is no requirement under Indian law for a person having valid foreign decree to file a declaration suit in an Indian Court as a Foreign Court Decree is presumed to be a valid Decree under section 14 of Civil Procedure Code.