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Index - Matrimonial Law
 
 
   
  
 
 
  
Y. Narasimha Rao And Ors vs Y. Venkata Lakshmi And Anr (SC) 
1991 SCR (2) 821, 1991 SCC (3) 451 

 

 
Only law that can be applicable to the matrimonial disputes is the one under which the parties are married, and no other law.
 

 

 
 

The second part of clause (c) of Section 13 states that where the judgment is founded on a refusal to recognise the law of this country in cases in which such law is applicable, the judgment will not be recognised by the courts in this country. The marriages which take place in this country can only be under either the customary or the statutory law in force in this country. Hence, the only law that can be applicable to the matrimonial disputes is the one under which the parties are married, and no other law. When, therefore, a foreign judgment is founded on a jurisdiction or on ground not recognised by such law, it is a judgment which is in defiance of the Law. Hence, it is not conclusive of the matters adjudicated therein and therefore, unenforceable in this country. For the same reason, such a judgment will also be unenforceable under clause (f) of Section 13, since such a judgment would obviously be in breach of the matrimonial law in force in this country.

 
 

 

 
 
 
 

 

 

 

 

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