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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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