SHARMISHTHA Vs. SUJOY MITRA

JUDGEMENT

(1.) CM No. 10900/2008 (exemption) Allowed subject to all just exceptions. Application stands disposed of. Caveat No. 161/2008 Notice. Notice is accepted by Mr. S. Chatterjee, Advocate on behalf of the respondent. Caveat stands disposed of. C.R.P. 120/2008 1. The respondent/husband in this case was living with the petitioner in USA. Some differences arose between the parties while they were living in USA and respondent filed a petition for divorce in Pennsylvania. The petitioner had accepted the notice and appeared before the Court in Pennsylvania and a decree of divorce was granted. After the divorce was granted by Court in USA, the husband filed another divorce petition in Delhi. The respondent made an application that the second divorce petition was not maintainable, in view of the husband already having obtained divorce, which got dismissed by impugned order.

(2.) IT is submitted by Counsel for the respondent that a decree of divorce obtained from a foreign country is required to be confirmed by the Courts in India. There is no such requirement of a foreign decree to be confirmed by the Court in this country. The only requirement is that the decree obtained from foreign country must satisfy the requirements of Section 13 of CPC. Sections 13 and 14, CPC read as under:

(3.) COUNSEL for the petitioner (wife) appearing states that wife again reiterates the fact that the decree of divorce obtained by husband in USA was obtained after her submitting to the jurisdiction of foreign Court and was a valid decree and she had no intention to challenge the status of the husband as that of a divorcee.