We at Delhi Divorce Lawyers, provide legal services for execution of a decree of divorce pronounced by a foreign court.
A decree is the last formal expression of the decision of the Court in a particular case. In simple terms, it is the final decision of the Court in a case. Even the person against whom an order has been passed, then under law steps are required to be taken against such person to ensure legally enforceable obedience to a particular court order.
Such execution can be done in respect of divorce cases also where the decree has been passed by a Court located outside the territorial limits of India (foreign court).
1. Mutual consent divorce grated by Foreign Courts.
2. Decree granted in Contested Divorce.Execution of a foreign divorce decree: A foreign judgment can be executed in two ways in India. The ways are as follows:
1. By filing an execution under Section 44A of the Civil Procedure Code. Section 44A states that a decree passed by Courts in reciprocating territories can be executed in India as if the decree was passed by the Indian Courts only.
2. By filing a suit upon the foreign judgment/decree. For instance, the decree does not pertain to a reciprocating territory or a superior Court of a reciprocating territory, as notified by the Central Government in the Official Gazette, the decree is not directly executable in India. Here the decree passed by the foreign court shall be considered as another piece of evidence. At times people can get disappointed in themselves or may feel anger towards their spouse/partner, which is what we understand as this is probably the most difficult period of your life At DelhiDivorceLawyers, we help our clients to develop strategies to guide them and their families through a very difficult time in their lives. Over the years a small but dedicated team has been carefully assembled to make that happen. We treat our client with dignity and respect that they deserve as human beings. We know how to fight for the rights of a person in the court of law and that’s what we do for our clients.
