Whether non-contest by wife of divorce petition

filed by the husband in aForeign Court implied

that she had conceded to the jurisdiction of the
Foreign Court?

It is humbly submitted before the court that non-contest by wife of

divorcepetition filed by husband in a foreign court does she had conceded to
the jurisdiction of The Trial Court of New York supported by following
arguements:
1}Can an Indian marriage be divorced abroad

It is submitted that Mahesh can get the decree of divorce of an Indian

marriage in the New York. Mr. mahesh was not happy with his married life
he filed a petition for divorce in Trial Court of New York on the
ground that spouses believe the marriage is simply over and neither places
blame nor fault on the other. After giving summon to respondent [sunita] she
did not give witten statement on petition of divorce and not appear before
court and not filling an exemption in court for her personal attendance .
Court has and passed the ex parte decree on his side of Mahesh

It is further submitted that would surface with us would be, that, the
Hindu couple residing/working in a foreign land ought to be governed by
the matrimonial laws in force at that place. As a corollary, the decree of
divorce granted by the foreign court should be valid.

However, the pride of the place is taken by Section 1 of the Hindu

Marriage Act, 1955 which reads thus:

1. Short title and extent—(1) This Act may be called the Hindu Marriage
Act, 1955.

      (2) It extends to the whole of India except the State of Jammu and
Kashmir, and applies also to Hindus domiciled in the territories to which
this Act extends who are outside the said territories.
It is for this reason that Hindus married as per Hindu Rights in India,
although settled abroad, are primarily required by law to process divorce
proceedings only as per the said Act i.e. applying the Hindu Marriage Act,
1955.

The other emphasis of the Indian law is the mandate of Section 13 of the
Hindu Marriage Act, 1955. The said Section mentions that divorce can be
taken exclusively on the stated grounds. When the grounds have been
specifically elucidated, it excludes the scope of granting divorce on any
other ground.