The divorce decree is valid in India if it satisfies Sec-13 and Sec-14 of the Code of Civil Procedure, read with Sec-41 of the Indian Evidence Act.
Sec-13 of the Code of Civil Procedure 1908 clearly states that a foreign judgment shall be conclusive as to any matter directly adjudicated upon between the same parties if the following conditions are satisfied:
- where it has been pronounced by a court of competent jurisdiction;
- where it has been given on the merits of the case;
- where it does not appear 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;
- where the proceedings in which judgment was obtained are not opposed to natural justice;
- where it has not been obtained by fraud;
- where it does not sustain a claim founded on a breach of any law in force in India.
According to Sec-14 of the Code of Civil Procedure 1908, the court (meaning, any competent court in India) shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was 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.
Further, Sec-41 of the Indian Evidence Act 1872 upholds the relevance (in matters of evidence) of a final judgment, order or decree of a competent court, in the exercise of matrimonial jurisdiction, which confers upon or takes away from any person any legal character. It adds that such judgment or decree is conclusive proof that any legal character, which it takes away from any person ceased at the time from which the judgment, order or decree declared that it had ceased or should cease.