A foreign Court is defined as a court situate outside India and not established or continued by the authority of the Central Government. And a Foreign Judgment means a judgment of a foreign court. In other words, a foreign judgment means adjudication by a foreign court upon a matter before it. Thus judgments delivered by courts in England, France, Germany, USA, etc. are foreign judgments.

Sections 13 and 14 enact a rule of res judicata in case of foreign judgments. These provisions embody the principle of private international law that a judgment delivered by a foreign court of competent jurisdiction can be enforced by an Indian court and will operate as res judicata between the parties thereto except in the cases mentioned in Section 13.

Nature And Scope of Sec. 13, C.P.C.

A foreign judgment may operate as res judicata except in the six cases specified in the section 13 and subject to the other conditions mentioned in Sec. 11 of C.P.C. The rules laid down in this section are rules of substantive law and not merely of procedure. The fact that the foreign judgment may fail to show that every separate issue, such as, the status of the contracting parties, or the measure of damages, was separately framed and decided, is irrelevant unless it can be shown that failure brings the case within the purview of one of the exceptions to Section 13.

The judgment of a foreign Court creates estoppel or res judicata between the same parties, provided such judgment is not subject to attack under any of the clauses (a) to (f) of Section 13 of the Code. If any claim is made by any party and subsequently abandoned at the trial of a suit and if the decree in that suit necessarily implies that claim has not met with acceptance at the hands of the court, then the court must be deemed to have directly adjudicated against it.

1. The order passed by a foreign court is not applicable or enforceable in India which deals with matters with Indian law.

2. You shall have to file the Money Suit afresh in India as per Indian law and therein you can mention your getting favourable order passed by the USA Court.

3. If you are not in a position to visit India shortly, you can get the printout of the plaint of the Money Suit to be filed by you in India from your Indian lawyer, get your signatures thereupon and also on the Vakalatnama notarised by the appropriate officer of your local Indian Consulate and then return the same to your Indian lawyer for filing it before the Indian court.

1. You can file execution of such decree in local court where he is residing.

2. If both the countries are reciprocating then foreign decree is liable for execution in India.

3. So apply for money decree execution whereby the court to recover the money can attach his salary or property exiting within the jurisdiction of the court.

India an USA are non reciprocating country for execution of decree.therefore the judgement cannot be directly executed and enforced.

You have to file a fresh suit in India where US judgement shall be treated as piece of evidence.

You need to file a civil money suit in this district court at the city he is leaving and submit the documents and degree awarded by New York State Court and pray for the execution of the decree against the husband.

Supreme Court held that a foreign judgment which does not arise from the order of a superior court of a reciprocating territory cannot be executed in India. It ruled that a fresh suit will have to be filed in India on the basis of the foreign judgment.”

2)The List of the Reciprocating Territories as per the Provisions of Section 44 A of the Code of Civil Procedure, 1908

United Kingdom

Singapore

Bangladesh

UAE

Malaysia

Trinidad & Tobago

New Zealand

The Cook Islands (including Niue)and The Trust Territories of Western Samoa

Hong Kong

Papua and New Guinea

Fiji

Aden.

3) since USA does not fall in list of reciprocating countries you have to file suit in India on basis of foreign decree

Judgment passed against your husband by US courts would not be enforceable in India as it is not present in the list of Reciprocating Territories as per the Provisions of Section 44 A of the Code of Civil Procedure.

Therefore, you'll have to institute a civil suit against your husband in India to recover your money.

Hi, you can get it enforced through Indian embassy..

You have to file an execution petition in india in the place where your husband resides.

This is my response to you:

1. By virtue of section 44A of the CPC, a decree of any superior court of a reciprocating territory shall be executed in India as a decree passed by the Indian district court;

2. A judgment from a court of a reciprocating territory can be directly enforced in India by filing an execution application;

3. While filing the execution application the original certified copy of the decree along with a certificate from the superior court stating the extent to which the decree has been satisfied or adjusted has to be annexed to the application;

4. Therefore engage services of a lawyer and let him/her do the services for you,

Dear Client,

To get the order execute in India, file application u/s 44 of CPC at the District court where he lives.

Under Indian Law, execution of decrees, whether foreign or domestic, is governed by the provisions of the Code of Civil Procedure, 1908 (CPC) (as amended from time to time).

Under the Indian law there are two ways of getting a foreign judgement enforced. Firstly by filing an Execution Petition under Section 44A of the CPC (in case the conditions specified therein are fulfilled). Secondly by filing a suit upon the foreign judgement/decree.

Under S. 44A of the CPC, a decree of any of the Superior Courts of any reciprocating territory are executable as a decree passed by the domestic Court. Therefore in case 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. In case the decree pertains to a country which is not a reciprocating territory then a fresh suit will have to be filed in India on the basis of such a decree or judgement, which may be construed as a cause of action for the said suit. In the fresh suit, the said decree will be treated as another piece of evidence against the defendant .

However in both cases the decree has to pass the test of S. 13 CPC which specifies certain exceptions under which the foreign judgement becomes inconclusive and is therefore not executable or enforceable in India.