• Enforcement of foreign divorce decree - time limits

Hi,
I got divorce from my husband in USA on May 6. All the issues were resolved except with the properties that is present in India. In order to enforce or appeal to the foreign divorce and file suit for distribution of property, is there any time limit?
Asked 6 years ago in Family Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

21 Answers

For execution of foreign court decree, separate suit will file in India. Limitation is 3 years.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Since the remedy for a judgment holder from a non-reciprocating territory is to file a civil suit before the competent court in India, under the Limitation Act, judgment holders must file a suit within three years of the date of the foreign judgment or decree.

Ajay Sethi
Advocate, Mumbai
99864 Answers
8148 Consultations

See you cannot file directly for execution you have to file a civil suit on this decree. The limitation period on same shall apply that is of three years.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Well, I an not sure about such law prevalent tin USA and hence for this you need to consult a lawyer there.

In India wife has no share in property of husband and she has only right of maintenance. However in that event you need to dispute the same consent divorce you agreed to in USA. 

 

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

As the said divorce is decreed out side India.  There is no such specific limitation fir the same.  But it will be good if you start the proceedings asap

Prashant Nayak
Advocate, Mumbai
34577 Answers
249 Consultations

1. the said decree of divorce passed by the foreign court (which is not a mutual consent divorce ) is not valid in India.

 

2. You shall have to file a divorce suit in Infdia on acceptable ground like cruelty.

 

3. It will be prudent on your part to negotiate with him to jointly file a mutual consent divorce petition in India on agreed terms which will be decided within 6 & 1/2 months from the date of its filing.

Krishna Kishore Ganguly
Advocate, Kolkata
27721 Answers
726 Consultations

Limitation period is 3 years.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

The time limit to file such a law suit in India is within three years of the date of the foreign judgement. 

Mohammed Mujeeb
Advocate, Hyderabad
19338 Answers
32 Consultations

If the properties are ordered to be distributed as per the judgment and the same was not complied by your husband then you  can file an execution petition in India based on the decree passed by a foreign court in this regards.

There is a time limit of 12 years for this.

 

T Kalaiselvan
Advocate, Vellore
90066 Answers
2499 Consultations

You can file case under domestic violence act and claim residence rights in the property. You can also file 125 crpc application for seeking maintenance for you and your child.  You can contact me through telephonic consultation for detailed action. 

Prashant Nayak
Advocate, Mumbai
34577 Answers
249 Consultations

1) you can file application in family court seek maintenance for your self and your child 

 

2) also file suit to claim your share in property and for setting aside gift deed executed by your ex husband 

Ajay Sethi
Advocate, Mumbai
99864 Answers
8148 Consultations

See you can file for declaration before the civil court stating that you have paid for the consideration seeking declaration of co-ownership over the property. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can file case under PWDV Act wherein your child would be granted with monthly maintenance @ 25% of his income.

You can claim damages and compensation as well.

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

If the property was on his name then as per Indian law nobody has any rights over it. 

You cannot claim any share in it even on behalf of your child. 

However you may claim maintenance for your child. 

T Kalaiselvan
Advocate, Vellore
90066 Answers
2499 Consultations

You will have to file a suit for declaration, injunction and cancellation of settlement deed in civil Court where in you would have to prove your contribution made towards the sale proceeds in buying the property by way of documentary evidence.

If you are able to do so, court will grant you a decree granting you your sharing the property according to the contribution made in buying 

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

A decree on divorce issued by a foreign court has to be filed for execution in India.fir execution there is no such limit.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Property situated in India is subject to Indian laws and hence a settlement can only be arrived at in India. The Indian courts may distribute the property as per the decree if you both are ready for it.

Regards 


The property was in the name of the husband although youbslso paid for it. Now the property belongs to the person in whose name it has been registered.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

you can file execution in India only and the limitation is 12 years,

file maintenance case against husband on your and kid's behalf, if not required, file for maintaining pressure,

you do not have any rights in property but as you had also made payments, therefore, you can claim your share in the property and I advise you to file suit for declaration, injunction and to set aside the sale deed/settlement deed in civil court, 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Have to file declaration suit to claim ownership acc. to % of contribution made in purchase of property.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

 You shall have to file a declaratory suit in India praying for a declaration that you are also a share holder pf the said property because of your contribution for buying it and also praying for cancellation of the settelement deed your husband has registered in favour of his mother.

 

Krishna Kishore Ganguly
Advocate, Kolkata
27721 Answers
726 Consultations

Dear client 

The foreign judgment will not effect the partition of property present in India as the Immovable property is governed by jurisdiction of the law of country it is present in. 

The relief Indian law can give you is permanent maintenance for you and your child under section 125 CrPC  

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer