- Under Section 13 of Code of Civil Procedure , A Foreign Decree is conclusive in India on the basis of Res Judicata- that is when a matter has been adjudicated by the court, it should not be agitated again and again- to save judicial time and expense. Therefore, a foreign divorce should be valid in India.
- A Decree passed by foreign court of competent jurisdiction is enforceable in India just like any other decree passed by the Indian Court.
- If both the spouses are residing out of India , then they can seek divorce by mutual consent under that country’s divorce laws related to foreign marriages and then will have to seek needed appropriate declarations from the Indian matrimonial forum by filing declaratory Petition.
- The Indian legal system will recognize the divorce only and only if it is the divorce by mutual consent with the consent of both the parties.
- You got married in UK in 2012 , further Nikah in India in Nov,2015, What this means? Nikah is bone of the marriage under Muslim law. Hence, it is clear that your marriage was solemnized in India and not U.K.
- However, If parties obtained divorce by mutual consent by both the parties , then neither of the parties can challenge the judgment of foreign court in an Indian court. The judgment of foreign court is final. There is no requirement of any validation of your divorce from an Indian court.
- The Supreme Court in the case of “Neeraja Sharaph vs. Jayant V. Saraph”, safeguards women, and suggested that no marriage between an NRI and an Indian woman that has taken place in India should be annulled by a foreign court. But , as your marriage was dissolved by mutual consent by both the parties ,so the divorce decree obtained from U.K.court should be valid in India judiciary.
- Your wife has lodged the said FIR after keeping the police official in dark and also due to your absence before the CWC.
- Now , you will have to move bail application .As you are out of India , you should move Anticipatory Bail Application with the help of any lawyer and in my view , certainly you will get Bail from the court in your absence.
- After getting the bail from the court , you will have much time to contest or settle the case with your wife.
Dont worry, You will get relief from the court of law.
Allah Hafiz.... and dont forget to positive rating.