This catches a great many people, often years later and at the worst possible moment, usually when they remarry or when a succession issue arises.
The governing rule
A foreign judgment is conclusive in India only if it clears Section 13 of the Code of Civil Procedure, 1908. It is not conclusive where:
- it was not pronounced by a court of competent jurisdiction
- it was not given on the merits of the case
- it is founded on an incorrect view of international law or a refusal to recognise Indian law where applicable
- the proceedings were opposed to natural justice
- it was obtained by fraud
- it sustains a claim founded on a breach of Indian law
The leading case
In Y. Narasimha Rao v. Y. Venkata Lakshmi (1991) the Supreme Court held that a foreign matrimonial decree is recognised only if the forum had jurisdiction as per the law under which the parties were married, and the decree was granted on a ground available under that law, after the respondent was given a proper opportunity to contest. A decree obtained on "irretrievable breakdown" alone, in a jurisdiction the parties merely happened to be residing in, and without the other spouse participating, will very often fail this test.
If the foreign decree is not recognised in India, you are still married here. A second marriage on the strength of that decree can be void, and can expose you to a bigamy allegation under Section 82 of the Bharatiya Nyaya Sanhita. This is the single most common way the problem surfaces.
What makes a foreign decree more likely to hold
- The other spouse voluntarily and effectively submitted to that jurisdiction, participated, and contested on the merits
- The ground relied on is one that also exists under the law the parties married under
- The decree records a consent or settlement both parties genuinely entered into
If you are unsure
The safe course before remarrying or dealing with property is a declaratory suit in India, or a fresh petition here. It is far cheaper than unwinding a void second marriage.