The woman's counsel sought the Chandigarh Court to declare the US Court's order null and void, arguing that “the foreign court's order is legally invalid, and also it has not decided the case on merits”.A Chandigarh District Court has declared “null and void” an order of a California Superior Court in the US, allowing the divorce plea of a Haryana resident against his wife, a tricity resident.“The divorce decree granted by the Superior Court of California on September 13, 2021, is declared null and void in India on account of lack of jurisdiction of the foreign court, the non-recognition of irretrievable breakdown of marriage under the Indian law is the violation of natural justice and the contravention of the Indian public policy. The defendant (respondent-husband) remained ex parte and as such the contention of the plaintiff (applicant-wife) remained unchallenged and unattributed,” Chandigarh Civil Judge (Junior Division) Kaushal Kumar Yadav observed.“…the suit is hereby decreed with costs in favour of the plaintiff (applicant-wife) and a decree for declaration is hereby passed declaring that foreign decree shall have no legal effect in India…,” the Civil Court Judge said.According to the woman, they got married on June 13, 2019, and started living at the residence of her husband in Haryana. On June 24, 2019, the husband and his family ousted the woman from her matrimonial home. The couple then went to the US, where the husband abandoned his wife, and never contacted her.On July 10, 2019, a U.S. court summoned the woman on a divorce petition filed by her husband. The woman objected to the petition on the grounds of jurisdiction as “a foreign court is not competent to decide their divorce”. However, on September 13, 2021, the Superior Court of California passed the judgement of dissolution of their marriage.The woman’s counsel sought the Chandigarh Court to declare the US Court’s order null and void, arguing that “the foreign court’s order is legally invalid, and also it has not decided the case on merits”.On the notice of the Chandigarh Court, on the woman’s plea, the husband failed to appear before the Court and he proceeded as ex parte vide order on January 31, 2022.Story continues below this adUpon hearing the matter, the Civil Court Judge said, “In the present case, the defendant-initiated divorce proceedings in the US and obtained a decree based on ‘irretrievable breakdown of marriage’, which is not a valid ground for divorce under Section 13 of the Hindu Marriage Act, 1955. As such, a foreign court that applies laws inconsistent with the Indian matrimonial law cannot have jurisdiction over the matter.”“Section 13 of the Civil Procedure Code, 1908, stipulates a foreign judgment shall not be conclusive if it violates principles of natural justice. The principle of natural justice requires both parties to be given a fair and reasonable opportunity to present their case. The plaintiff has asserted that she did not voluntarily submit to the jurisdiction of the US Court and had specifically objected to the competence of the court. Despite this, the US Court proceeded with the divorce without considering the plaintiff’s objections in light of Indian matrimonial law,” the Civil Court Judge said.In addition, the Court said, “…it is well-settled law that a foreign judgment must not be contrary to the public policy in India…In the present case, the divorce decree violates the Indian public policy because it undermines the sanctity of marriage, which is protected under the Indian law.”The Court said, “The pending criminal proceedings against the defendant, including an FIR registered in 2020 under sections 406 and 498-A of the IPC and a Domestic Violence Complaint (DV Act 320 of 2021) further demonstrate the divorce decree was sought to evade legal consequences in India. Hence, recognising this foreign court decree would not only violate the Indian public policy but would also defeat the plaintiff’s right to seek relief under the Indian matrimonial and criminal law.”© The Indian Express Pvt LtdTags:chandigarh