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2008 Supreme(Del) 817

SHIV NARAYAN DHINGRA
Sharmishtha – Appellant
Versus
Sujoy Mitra – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:Rajiv Bansal and Manu Beri, Advs. For Respondents/Defendant: S. Chatterjee, Adv.

ORDER

Shiv Narayan Dhingra, J.

1. The respondent/husband in this case was living with the petitioner in USA. Some differences arose between the parties while they were living in USA and respondent filed a petition for divorce in Pennsylvania. The petitioner had accepted the notice and appeared before the Court in Pennsylvania and a decree of divorce was granted. After the divorce was granted by Court in USA, the husband filed another divorce petition in Delhi. The respondent made an application that the second divorce petition was not maintainable, in view of the husband already having obtained divorce, which got dismissed by impugned order.

.2. It is submitted by Counsel for the respondent that a decree of divorce obtained from a foreign country is required to be confirmed by the Courts in India. There is no such requirement of a foreign decree to be confirmed by the Court in this country. The only requirement is that the decree obtained from foreign country must satisfy the requirements of Section 13 of CPC. Sections 13 and 14, CPC read as under:

.13. When foreign judgment not conclusive.-A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon be











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