Recognition of Foreign Divorce Decree in India and Irretrievable Breakdown of Marriages: A Socio-Legal Study

Abstract

Concept of “limping marriages” where a divorce is recognized in many countries in the world but not recognized in others, so the spouses are left partially divorced and partially still married. Justice is the ultimate consideration of social policy which conflicting of laws may evoke. In India there is no enactment dealing directly with the recognition of foreign decrees of divorce and judicial Separation- except the provisions in section 13 of the Code of Civil Procedure, 1908 and Section 41 of Indian Evidence Act, 1872, which are general in character and do not deal specifically with the problem of recognition of divorces. Law Commission of India submitted its 65th report on this issue and it has not been implemented to overcome from this situation. Religion of the parties marrying is immaterial relating to the decrees passed in foreign countries. The decrees could even relate to persons professing no religion.