1. Any foreign decree can be executed in an Indian court in the same manner as if the decree was passed by a court in India in first place.

2. On merits, if she has been ordered to stay away from you and your family in India then it is a decree which has been passed by transgressing the jurisdictional competence. No court in India will execute a decree passed by a foreign court which restrains a person from contacting another person in India.

3. The passing of restraining order does not preclude her from filing divorce in India or availing her other remedies under Indian legal framework.

US decree restraining your wife from contacting your family in india would not be valid in India as US courts have no jurisdiction in the matter 

2) you have stated that wife has filed for divorce in India 

3) in your reply enclose copy of orders passed by US courts 

4) deny allegations made by wife in divorce petition 

It is restraining order passed 

it would help you in case your wife tries to contact t you 

In event wife files DV case in India you should in your reply take the plea that no DV occurred in India and in fact US courts have passed orders against her 

1. Under the Indian Contract Act there can be no agreement in restraint of remedies guaranteed under the criminal law. Further, it is trite law that a foreign decree which is against public policy in India, cannot be executed. A foreign court cannot, except where both the parties to lis are citizens of that country, direct that one of them will not contact or communicate with the other while they are in India. If the decree is prima facie passed without jurisdiction then it cannot be executed.

2. By no stretch of the imagination, the foreign decree can operate to preclude her from availing her remedies under the legal framework of India.

3. No opinion can be formulated on the maintainability of execution petition unless the decree is perused threadbare.

Foreign court decree is not valid in India. Only mutual consent divorce performed in foreign countries are valid in India. You or your wife still can filed divorce case in India or mutual consent divorce in India or foreign. 

File a certified copy of the foreign court order in your district court and apply for it's execution. 

Your wife is all free to file divorce case in India against you . 

The decree should be filed for execution. It would help you in the divorce case wherein she would definitely state false claims.

It will at least be a proof that there was no domestic violence case and she was telling lies. She wouldn't take this ground of cruelty etc against you.

Yes. She cannot file domestic violence case against you and your family in India. Even if she does you have a solid proof. Also file this order in the family court when she files the divorce petition.

See you can file an execution before Indian court though it's restraining order and for restraining a person in India indian court shall have jurisdiction over the issue.

You can contest her divorce application and also can place this decree as evidence on record for the decree proceedings. Divorce petition of wife shall he decided on merits as per grounds taken by her.

No it will not help in preventing divorce proceedings.

See in case she file any false case in that scenario this decree can be used.

Decree is valid court document you can file fresh suit seeking injunction against her entering your home in India and on same this decree can be placed on record.

You need to first validate that proceedings in India. Later you can seek execution on based on the same. 

DVC & Divorce are two independent proceedings.

Orders passed in US restraining your wife from contacting you and your family is not valid in India.

She cannot initiate DV proceedings in India, in face if she files any, you deny the same in your reply.

The order obtained by you will help you if she tries to contact you / your family.

Based on the pleading in case which is filed / likely to be filed by her, you can take advantage of the order obtained by you in US.

Section 13 of the CPC clearly says that a foreign judgment shall be conclusive/binding as to any matter which has been directly adjudicated upon between the parties except under certain circumstances which have been specified in this section. In the case of Brijal Ramjidas v. Govindram Gordhandas Seksaria[1], the Supreme Court held that Section 13 speaks not only of judgement but any matter thereby directly adjudicated upon.

Foreign courts would have jurisdiction in the following circumstances:

Where a person is the subject of the foreign country in which the judgement has been obtained;

Where he was a resident in the foreign country when the action was commenced and the summons was served on him;

Where the person in the character of the plaintiff selects the foreign court as the forum for taking action in which forum he issued later;

Where the party on summons voluntarily appeared; and

Where by an agreement, a person has contracted to submit himself to the forum in which the judgement is obtained.

Foreign judgments may be recognized based on bilateral or multilateral treaties or conventions or other International Instruments. The “recognition” of a foreign judgment occurs when the court of one country accepts a judicial decision made by the courts of another “foreign” country, and issues a judgment in substantially identical terms without rehearing the substance of the original lawsuit. Recognition of judgment will be denied if the judgment is substantively incompatible with basic fundamental legal principles in the recognizing country.

Thus as the DV case is quasi criminal, the execution of orders of DV case shall be as per criminal laws in India hence it may not be possible to execute the DV case decree passed by US court.

You may have to contest her divorce case on merits and documentary evidences in your support.

A foreign judgment or decree should be conclusive as to any matter adjudicated by it. The test for conclusiveness of a foreign judgment or decree is laid down in section 13 of the CPC which states that a foreign judgment shall be conclusive unless:

• It has not been pronounced by a court of competent jurisdiction;
• It has not been given on the merits of the case;
• It appears, on the face of the proceedings, to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable;
• The proceedings in which the judgment was obtained are opposed to natural justice;
• It has been obtained by fraud;
• It sustains a claim founded on a breach of any law in force in India.

Thus, before enforcing a foreign judgment or decree, the party enforcing it must ensure that the foreign judgment or decree passes the seven tests above. If the foreign judgment or decree fails any of these tests, it will not be regarded as conclusive and hence not enforceable in India.

Where a judgment or decree is not of a superior court of a reciprocating territory, a suit has to be filed in a court of competent jurisdiction in India on that foreign judgment or on the original cause of action or both.

In Marine Geotechnics LLC v/s Coastal Marine Construction & Engineering Ltd. 2014 (2) Bom CR 769, the Bombay High Court observed that in case of a decree from a non-reciprocating foreign territory, the decree holder should file, in a domestic Indian court of competent jurisdiction, a suit on that foreign decree or on the original, underlying cause of action, or both.

She cannot be prevented from filing a domestic violence case in India even though the domestic violence has been reported to have taken place in foreign country and there is a decree against her.

You cannot simply execute such a foreign decree. You can only execute the resulting domestic decree. To obtain that decree, he must show that the foreign decree, if he sues on it, satisfies the tests of section 13 of the CPC.

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.

1. Yes you can file execution petition in india for decree from foriegn court.

2. if she have filed the case of Domestic violence in India then you can tender judgement of foriegn court in of DV case to prove that her allegations are false and she already lost the case in US. 

1. Decree passed by foreign Court is not considered as valid in India unless it has been passed on grounds acceptable by Indian law.

2.  However, your family members can file a DV case against your wife alleging her violent act on them and in that case they can produce the said foreign decree as an evidence of the violent act of your wife as has been proved before the foreign court.

1. Filing of DV case by your mother and sister is the only option in restraining her in entering in to their house.

2. The shall also have to file an application praying for an order restraining the entry of your wife in to their house till the disposal of the DV case or for good if the said house in India stands in the name of your father or mother.

1. The said foreign decree can not be executed in India.

2. The DV case if filed by your mother and sister will act as legal deterrent in her filing false DV case against your family members in India.

Dear Sir,

A foreign judgment can be executed in two ways in India. The ways are as follows:

First, by filing an execution under Section 44A of the Civil Procedure Code. Section  44A states that a decree passed by Courts in reciprocating territories can be executed in India as if the decree was passed by the Indian Courts only. The Court also see the judgments  passed by foreign court as per sec.13 of Civil Procedure Code .

Secondly, by filing a civil  suit upon the foreign judgment/decree. For instance, 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.

Enforcement of foreign divorce decree in India

The substantial questions of law which arise for consideration in this appeal are as to whether the foreign judgment passed by the Supreme Court in the State of New York is valid and binding on the parties and whether the said judgment dissolved the relationship of marriage between the parties.

The case made out by the plaintiff in the plaint that no other forum save and except the forum in India having jurisdiction to entertain proceedings under the Hindu Marriage Act 1955 is competent to pass a decree of divorce is not acceptable in law. That the relationship of marriage governed by the Hindu Marriage Act, 1955 can be dissloved by foreign decree of divorce has been long recognised by the Courts in India.The decision reported in AIR 1975 SC 105 (Smt. Satya v. Teja Singh) is a complete answer to the aforesaid question. Their Lordships have held that foreign decrees of divorce including decrees of Sister States are to be either accorded recognition or to be treated as invalid depending upon the circumstances of each case. Section 13 of the Code of Civil Procedure makes a foreign judgment conclusive as to any matter thereby directly adjudicated upon between the same parties except-

 Section 14, C.P.C. creates a presumption that a foreign judgment, certified copy of which has been produced was a judgment pronounced by a court of competent jurisdiction unless the contrary appears on the record, but such presumption may be displaced by proving want of jurisdiction. Thus a combined reading of Sections 13 and 14 of the Code of Civil Procedure makes the position of law clear that if a certified copy of a foreign judgment is produced in a court of law directly adjudicating upon any matter between the same parties, the same shall be presumed by a court to have been pronounced by a court of competent jurisdiction unless the contrary is proved.