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Normally, a New York judgment of divorce obtained in compliance with New York law and relevant international law will be valid automatically in any country or state.
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But a court in India recently upheld a woman's right to seek a divorce from a.
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It is well settled that the divorce can be granted only under the law in which the marriage has taken place If a court refuses to recognize the.
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The marriage had been solemniscd in India, and the parties were residing in British India.
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Divorce is a declaration ending a valid marriage.
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If it is a mutual consent divorce, then the petition will be based on the requirements for divorce, eg.
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Bilateral or multilateral agreements are in force with some states which facilitate the mutual recognition of divorce decrees. Indian legal system but also by the far more complex rules of private international law involving the legal system of the other country.
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Neither of foreign divorces of some unilateral act, not valid in a residential jurisdiction to say that.
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In other words, though it is not permissible to show that the court was mistaken, it might be shown that it was misled.
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Divorce proceedings in a marriage solemnised as as per the Hindu rites and registered in India cannot be initiated in foreign courts the Bombay High Court.
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It is manifest that, so long as the matrimonial law of different countries vary widely, as they do, it is necessary that for every marriage there should be ascertainable forum for the purpose of adjudicating upon the question of divorce.
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At this stage, a brief history of nationality in the context of conﬂict of laws would be of interest. She is further entitled to an amount equal to the sum of Mahr or dower agreed to be paid to her at the time of her marriage or at any time thereafter according to Muslim Law.
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