Foreign Judgments and Decrees in India - Recognition and Enforcement

Two routes

Section 13 of the Code of Civil Procedure makes a foreign judgment conclusive on the matters it decides, subject to listed exceptions. Section 44A lets a decree from a court in a notified reciprocating territory be executed directly in India. The list of reciprocating territories is notified by the Government of India and includes the United Kingdom, Singapore and the UAE, but not the USA or Canada, so check the current notification.

When a foreign judgment is not conclusive

It is not conclusive if it was not given by a competent court, was not on the merits, rests on a wrong view of international law, is opposed to natural justice, was obtained by fraud, or sustains a claim founded on a breach of Indian law.

Foreign divorce decrees

In Y. Narasimha Rao v. Y. Venkata Lakshmi (1991) the Supreme Court held that a foreign matrimonial decree is recognised only where the foreign court had jurisdiction under a ground recognised by Indian law, decided the case on the merits, and the other spouse genuinely submitted to it.

Foreign arbitral awards

Awards from countries notified under the New York Convention are enforced under Part II of the Arbitration and Conciliation Act, 1996, subject to limited grounds of refusal.

Frequently asked questions

Can I enforce a US judgment in India?

A US judgment is not from a reciprocating territory, so a fresh suit on the judgment is filed in India, where it is treated as conclusive subject to the Section 13 exceptions.

Is there a time limit?

A suit on a foreign judgment must generally be filed within three years from the date of the judgment.

Does a foreign divorce automatically end my marriage in India?

No. An Indian court examines the decree against the Narasimha Rao tests.

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