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August 2010

Foreign judgment — Judgment of Court in USA would be conclusive and binding upon the parties — Hindu Marriage Act, 1955 S. 13 and Family Courts Act, 1984, S. 7.

By Dr. K. Shivaram
Ajay R. Singh
Advocates
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22 Foreign judgment — Judgment of Court in USA would be
conclusive and binding upon the parties — Hindu Marriage Act, 1955 S. 13 and
Family Courts Act, 1984, S. 7.


Both the parties were domiciled in the USA. The husband was
Green Card holder of the USA, thus showing his intention to reside in the USA.
Parties last resided together in the USA. Merely because they resided together
in Pune when they last visited India would not give jurisdiction to Family Court
at Pune to decide divorce petition. The Court in the USA had territorial
jurisdiction to try their divorce disputes.

The wife had filed divorce petition before the Court in the
USA. Judgment was passed on merits after husband filed his written submission.

Judgment of the Court in the USA would be conclusive and
binding upon parties.


[Ms. Kashmira Kale v. Kishorekumar Mohan Kale,
AIR 2010 (NOC) 632 (Bom.)]

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