Recognition and Enforcement of Foreign Divorce Judgments in India and Nepal: A Comparative Analysis

Abstract

Abstract The increased presence of diaspora has resulted in many South Asian women marrying and migrating to the West. Such cross-border/transnational marriages have also resulted in copious judicial disputes presented in Western jurisdictions. The definitive resolution of marital disputes necessitates a well-defined mechanism for the recognition and enforcement of foreign judgments. Clear legal provisions dealing with recognition and enforcement of foreign divorce judgments are significant in determining a person’s legal status, which has instantaneous and future legal implications concerning property and succession. Despite the codification attempt at the international level by the Hague Conference on Private International Law, India and Nepal have not become parties to the Convention on the Recognition of Divorces and Legal Separations. Both countries have adopted different approaches and principles to deal with recognising foreign divorces. This article examines the legal position of recognising and enforcing foreign divorce judgments under the Indian and Nepalese Legal frameworks and contextualising its position in the global context.