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Report No. 65

16.3. Cases where exception needed.-

Broadly speaking, the need for making such exceptions to recognition appears to arise in the following cases-

(a) where there is no subsisting marriage according to Indian law;1

(b) where the rules of natural justice have not been observed by the foreign court;2

(c) where public policy requires non-recognition of the divorce or legal separation;3

(d) fraud.4

We shall deal with the first two in this Chapter, reserving a discussion of the rest to other chapters.

1. Para. 16.4, infra.

2. Para. 16.7, infra.

3. Chapter 17, infra.

4. Chapter 18, infra.

Recognition of Foreign Divorces Back

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