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Under which of the following sections of the Code of Civil Procedure, 1908, do Indian courts recognize or derecognize a foreign decree of divorce?
Question

Under which of the following sections of the Code of Civil Procedure, 1908, do Indian courts recognize or derecognize a foreign decree of divorce?

A.

Section 13

B.

Section 12

C.

Section 15

D.

Section 16

Correct option is A


Section 13 of the Code of Civil Procedure, 1908 lays down the conditions under which a foreign judgment shall or shall not be conclusive. This includes foreign divorce decrees, which will not be recognized in India if:
· Not delivered by a court of competent jurisdiction
· Not given on the merits
· Obtained by fraud
· Against natural justice, etc.
Information Booster:
· The foreign judgment must comply with Indian matrimonial laws to be recognized.
· Important case: Y. Narasimha Rao v. Y. Venkata Lakshmi (1991) – Supreme Court laid out conditions for recognition of foreign divorce decrees.
· India follows "reciprocal arrangement" under Section 44-A CPC for enforcement of foreign judgments.

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