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Report No. 65

9. No subsisting marriage.-

(1) The validity of a divorce or legal separation obtained outside India shall not be recognised in India if it was granted or obtained at a time, when according to the law of India (including its rules of private international law and the provisions of this Act), there was no subsisting marriage between the parties.

[Cf. section 8(1)(b), English Act.]

(2) Subject to the provisions of sub-section (1), recognition by virtue of sections 3 to 6 or sub-section (2) of section 7 or of sub-section (5) of section 7 of the validity of a divorce or legal separation outside India shall be refused if, and only if,-

(a) it was obtained by one spouse

(i) without such steps having been taken for giving notice of the proceedings to the other spouse as, having regard to the nature of the proceedings and all the circumstances, should reasonably have been taken; or

(ii) without the other spouse having been given (for any reason other than lack of notice) such opportunity to take part in the proceedings, as, having regard to the matters aforesaid, he should reasonably have been given: or

[Cf. section 8(2), English Act as amended in 1973.]

(b) it was obtained by fraud; or

[Cf. section 8(2)(a), English Act.]

(c) its recognition would manifestly be contrary to public policy. [Cf. section 8(2)(b) English Act.]

(3) Nothing in this Act shall be construed as requiring the recognition of-

(a) any findings of fault made in any proceeding for divorce or separation, or

(b) any maintenance, custody or other ancillary order made in any such proceedings. [Cf. section 8(3), English Act.]

10. The provisions of this Act relating to foreign divorces and legal separations apply to a divorce or legal separation obtained before the date of the commencement of this Act as well as to one obtained on or after that date, and, in the case of a divorce or legal separation obtained before that date-

(a) require, or, as the case may be, preclude, the recognition of its validity in relation to any time before that date as well as in relation to any subsequent time; but

(b) do not affect any property rights to which any person became entitled before that date or apply where the question of the validity of the divorce or legal separation has been decided by any competent court in India before that date.

[Cf. section 8(4) English Act.]

Recognition of Foreign Divorces Back

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