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Topic: Can a divorce be filed outside India

Question
Jessy Jacob

I am currently living in Toronto, Canada.My Marriage took place in my home town in Kollam Dt,Kerala. Now I am heading for divorce from my husband.In that case,can I File divorce petition in Toronto.

Reply
Adv.Swagoti Batchas

The application for divorce can be submitted and finalized abroad, even if the actual wedding ceremony took place in India.
In reference to Section 13 of the Civil Procedure Code (CPC), all foreign decisions are usually accepted and deemed conclusive in India, barring a few exceptions.

As per Section 13 of the Code of Civil Procedures, 1908, a judgment from a foreign court will be considered final and absolute on any issue that it directly resolves between the involved parties or those whom they represent. This applies if they are litigating under the same terms, with the following exceptions: -

  • Where it has not been pronounced by a court of competent jurisdiction
  • Where it has not been given on the merits of the case
  • Where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable
  • Where the proceedings in which the judgement was obtained are opposed to natural justice
  • Where it has been obtained by fraud
  • Where it sustains a claim founded on a breach of any law in force in India.



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