1)you are UK citizen
2) any order passed by UK court would be binding upon you
3) even after divorce wife can seek maintenance if she is unable to maintain herself
4) UK court orders would be enforceable inspite of divorce granted in 2005
Financial relief after overseas divorce
Hi, my ex-wife is Indian and I am a UK citizen. We met and married in Bangalore in 2001 and we lived in Bangalore and UK and divorced in Bangalore in 2004 and finalized in 2005. I returned to UK and some years later she did too and then started a financial relief after overseas divorce case against me in the UK. If there was a financial order made against me in UK court and I moved back to India would the UK financial order be enforceable given I had a finalised divorce in Indian back in 2005?
Asked 8 years ago in Family Law
Religion: Muslim
11 answers received from multiple lawyers
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11 Answers
1.The order passed in UK is not valid in certain circumstances.
2.So most likely she would not get relief of UK order in India.
3.however of she remains unmarried without any source of income then she can file case for maintenance in india and get relief here.
4.So act accordingly.
Sir, if any such order is passed by the court in UK, then the discretion to execute such order will only be with the court in UK only and it will not be enforceable here in India..
Indian Courts can enforce and execute the judgements/decrees passed by the Courts in England.
1. The divorce decree was granted by the Court of Indian where you were married.
2. She is not your wife now and can not claim any financial benefit with retrospective effect for the period when she was your wife.
3. UK financial order will at maximum be applicable on the properties of UK (if t all it is passed by any UK court) and in no case be applicable on your financial assets in India.
4. As per Indian Law, wife will have no claim on her husband's properties during his life time. Since she is no longer your wife, she will not be in a position to claim your properties even after your demise, intestate.
as per the private international law, that order is not binding upon you
A foreign decree is defined in Explanation II to section 44A of the CPC as, "Decree" with reference to a superior court means any decree or judgment of such court under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty, but shall in no case include an arbitral award, even if such an award is enforceable as a decree or judgment.
If she had obtained a decree in her favor in UK and you are living in India, then she may try to execute the decree by invoking the provisions of law as envisaged in the civil procedure code, 1908.
A foreign judgment or decree should be conclusive as to any matter adjudicated by it. The test for conclusiveness of a foreign judgment or decree is laid down in section 13 of the CPC which states that a foreign judgment shall be conclusive unless:
It has not been pronounced by a court of competent jurisdiction;
It has not been given on the merits of the case;
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;
The proceedings in which the judgment was obtained are opposed to natural justice;
It has been obtained by fraud;
It sustains a claim founded on a breach of any law in force in India.
Thus, before enforcing a foreign judgment or decree, the party enforcing it must ensure that the foreign judgment or decree passes the seven tests above. If the foreign judgment or decree fails any of these tests, it will not be regarded as conclusive and hence not enforceable in India.
One last pertinent point was that the divorce was based on her adultery in India which was proved in court with evidence so there was no maintenance due. There seems to be a mix of answers with some saying the order from the financial relief after overseas divorce in the UK would be enforceable in India and others saying would not be. The last answer lists the test for conclusiveness of a foreign judgment. It would seem to pass all of them except potentially the last "It sustains a claim founded on a breach of any law in force in India." Could I have someone's opinion on whether given the law in India states we are divorced so would a foreign financial order be found to be in breach of the divorce law in India?
Asked 8 years ago
Wife guilty of adultery is not entitled any maintenance
If you have obtained divorce on grounds of adultery in U.K. Wife would not be entitled to maintenance
1. Decree passed by foreign court will not be valid in India untill the same is got validated by applying before the local District Judge.
2. Moreover, you have already got the decree of divorce passed by Indian Court.
3. Foreign Financial order is not applicable in Indian since it has not got validated by indian Court and also as it is not in conformity with Indian law.
The financial order passed by the court in a foreign country in the normal circumstances shall be execute in that country itself, however if the respondent has returned to India the petitioner may try to implement the foreign court judgment for executing the decree provided she proves his income and assets in his name before court.
As told earlier in this case you will be governed by the principles of private international law, and as per which the same financial order will not be valid.
Regards