https://www.taxtmi.com/caselaws?id=127716 A foreign matrimonial decree is recognised in India only if the foreign court had jurisdiction under Indian private international law; domicile or bona fide residence is a jurisdictional fact, and a recital of jurisdiction is not conclusive if disproved by evidence. A decree obtained by fraud going to jurisdiction is not binding in India under section 13 of the Code of Civil Procedure, 1908. On the facts, the husband had only simulated residence and domicile in Nevada to obtain the divorce, so the decree was procured without jurisdiction and by misrepresentation. The foreign divorce was therefore not recognised in India and did not bar the wife's maintenance claim under section 488 of the Code of Criminal Procedure, 1898. en-us Tue, 01 Oct 1974 00:00:00 +0530 Thu, 04 Aug 2016 14:51:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=127716 A foreign matrimonial decree is recognised in India only if the foreign court had jurisdiction under Indian private international law; domicile or bona fide residence is a jurisdictional fact, and a recital of jurisdiction is not conclusive if disproved by evidence. A decree obtained by fraud going to jurisdiction is not binding in India under section 13 of the Code of Civil Procedure, 1908. On the facts, the husband had only simulated residence and domicile in Nevada to obtain the divorce, so the decree was procured without jurisdiction and by misrepresentation. The foreign divorce was therefore not recognised in India and did not bar the wife's maintenance claim under section 488 of the Code of Criminal Procedure, 1898. Case-Laws Indian Laws Tue, 01 Oct 1974 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=127716