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Jurisdictional Issues in Enforcement of Foreign Divorce Decrees in India: an Analysis

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Chapter Summary

In matters relating to marriage and divorce, the problems arise when one party to a marriage has obtained a divorce decree abroad. Indian courts do not recognize the decree because the foreign court, which granted the decree, did not have jurisdiction. This chapter adopts the scientific and doctrinal methodology to analyze the issues in connection with foreign divorce decrees particularly in cases concerning women who have been denied justice. The primary laws as well as the case-laws of India and UK have been taken into consideration in discussing these issues. The chapter discusses the role of the Hague conferences on Private International Law and India's participation in the conferences. It also analyses the application of foreign law for recognition of marriages and foreign divorce decrees. The chapter also examines whether the orders passed by foreign courts in matters related to divorce is recognizable or not in India.

Keywords:foreign court; foreign divorce decrees; Hague conferences; Indian courts; jurisdiction; Private International Law



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