גירושין

[pretty]

Again the question comes - if on filing a divorce the other party leaves jurisdiction and runs back to India (normally wives tend to do that) in such a case, it would again be a question of intention and the decree cannot be said to be against natural justice if party גירושין  herself evades the court when otherwise a permanent resident was established there. In a matter which I am consulting currently the woman is fighting child custody/property matters in US and is a permanent resident, but we know it for sure when the man files the divorce - in order to prevent that she would run back to India - in such a case I feel the divorce decree granted even in her absence should be valid.

Though this is a grey area but when she had adequate opportunity to defend - any attempt to frustrate judicial process by running away should be dealt with stern hands.

There may be another situation where the spouse is in India and the other spouse files for גירושין outside India, in such situation even after the spouse in India is served (notice is sent and received) any decree passed in absence won't be valid in India, unless the court feels that the other party had ample opportunity to go, engage counsel and defend in that country. Normally in decrees passed against women in India, Indian Courts have refused to recognize them.

e) If it is obtained by fraud - if a decree is obtained by misrepresentation of facts or fraud - then the same is not valid in India.

The above are the cases where a foreign גירושין  won't be recognized in India, and may lead to a situation where a person may be divorced(and single) in one country yet married in Indian law, and this can spell disaster in case of subsequent marriage as bigamy proceedings may be initiated against such person.