Where foreign court not authorized to grant divorce decree. Example: the divorce decree is passed by a court that does not have jurisdiction (meaning authority to decide) over the divorce matter, and the parties under divorce laws in India. This is the question of law, and requires careful examination of divorce laws of foreign country and India.
Generally, the court of place where marriage is solemnized (normally India) or where the parties last resided together as husband and wife, and where the opposite party resides (non applicant) has jurisdiction to decide the divorce.
Parties to the divorce must had opportunity to represent their case in the foreign court. If either party could not and did not get notice and full and fair opportunity to present their case before the foreign court, then the indian divorce lawyers in usa is improper and invalid and will not be recognized by courts in India.
When one party files the divorce case and serves divorce summon on the other party and the other party goes away to India, does not participate in the divorce proceeding before the foreign court, and the foreign court passes divorce decree based on the case present by only one party before the foreign court, then the courts in India will recognize the divorce decree passed by foreign court. However, the court in India may refuse to recognize the foreign divorce decree if there is any evidence that party could not be present in foreign court because of hardship or other problem. The court in India will look for evidence of fairness, good faith, and diligence of each party.
Foreign court granted divorce on a ground not recognized by Indian divorce law. Where the foreign court has granted divorce based on †‘irreconcilable difference or irretrievable breakdown of marriage or similar no fault ground’ then court in India will not recognize the foreign divorce because this is not a ground for divorce under Indian divorce law. Therefore, people from India getting no fault divorce in US can find that their foreign divorce may not be recognized by court in India and still married to the other party.