The information provided in this video relates to the situation where either party who is domiciled in a foreign country obtains a decree of divorce with or without the spouse knowledge. It has become very common now a days that after marriage, when one of the spouse is living outside India, to get rid of the wife whom he married in India under the pressure of his parents, he would finding his convenience in a country of his choice where the divorce laws are not stringent like the grounds provided under Hindu Marriage Act or any other law under which the parties were married in India, obtain a decree of divorce ex-parte and get remarried thinking that he is out of the first marriage. The mistake which they don’t realize is that such marriage when dissolved by a foreign court on any ground which is not available under the personal law of the parties, would be hit by Section 13 of Civil Procedure Code and the marriage would remain valid in India unless the decree is validated or executed in the Indian Courts under the specific law under which the parties were married.
Under what situations would that decree be valid in India along with the important case law is also discussed as exceptions are also provided where both the parties though got married in india, yet, have subjected themselves to the jurisdiction of the Foreign Court or on the mutual consent have agreed to part ways by obtaining decree of divorce from the country where both the parties are domiciled.
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