Unit VII · Topic 5Recognition of foreign decrees in India on marriage and divorce – Previous Year Questions

2 previous year questions on Recognition of foreign decrees in India on marriage and divorce from UGC NET Law papers (2019–2020), including 1 match-the-list questions. The correct option is marked in green.

Questions

2 questions

2019

Under which of the following sections of Code of Civil Procedure (1908) did Indian courts recognise or derecognise the foreign decree of divorce?

  1. (a)Section 13✓
  2. (b)Section 12
  3. (c)Section 15
  4. (d)Section 16
Answer & explanation

Ans. (a) : Section 13 Explanation: Section 13 of the Code of Civil Procedure, 1908 deals with when a foreign judgment is not conclusive. Under this provision, Indian courts may refuse to recognize a foreign decree of divorce if it was not pronounced by a court of competent jurisdiction, was obtained by fraud, was passed without hearing the defendant on merits, was based on a breach of Indian law, or is opposed to natural justice or public policy. This section is the basis for recognizing or refusing foreign divorce decrees in India.

Dec 2020/June 2021 · Q29Match the lists

Match List I with List II

I -II

List-I

List-II

A. Sec. 13 of

C.P.C/13 (I) Foreign court

B. Sec. 2(5) of

C.P.C/2(5) (II) Presumption as to foreign judgements

C. Sec. 2 (6) of

C.P.C/2(6) (III) When foreign judgement not conclusive

D. Sec. 14 of

C.P.C/14 (IV) Judgement of a foreign court

Choose the correct answer from the options given below

  1. (a)(A)-(I), (B)-(II), (C)-(IV), D-(III)
  2. (b)(A)-(III), (B)-(I), (C)-(IV), D-(II)✓
  3. (c)(A)-(III), (B)-(I), (C)-(II), D-(IV)
  4. (d)(A)-(II), (B)-(IV), (C)-(III), D-(I)
Answer & explanation

Answer: (b) (A)-(III), (B)-(I), (C)-(IV), D-(II)

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