Divorce, separation, annulment, and child custody are all issues that NRIs, or Indians living abroad, experience. Due to the overlapping laws, these issues become muddled, and confusion reigns when the question of Indian Law of Divorce and Foreign Divorce laws, among other issues, arises. Various general questions arise from such circumstances, such as ‘Can a marriage solemnised in India be broken up by a Foreign Court?', 'Can a foreign court grant a divorce to an Indian living in another country?', ‘Is a divorce decree issued by a foreign court recognised in India?', and ‘Is it necessary for a divorced person who obtained his divorce from a foreign Court to be approved by an Indian Court?'
The law will be applied differently in each of these circumstances, and it will vary from case to case and circumstance to circumstance. Because there are various statutory provisions available under the civil procedure code as well as treaties under the domain of private international law, its applicability in regards to the appropriate proposition of law will have to be investigated. There have been several Supreme Court of India judgments and rulings on the applicability and enforceability of foreign judgments and orders. Our team is specialised in research and the necessary compliance work when it comes to the aforementioned issues of foreign judgement and enforceability.
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