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Madras High Court: Foreign Divorce Decree from Scotland Challenged Under Section 13 CPC
In Balasubramaniam Guhan v. T. Hemapriya , the Madras High Court applied Section 13 of the Civil Procedure Code (CPC) to an NRI marriage scenario. The wife filed a suit seeking to declare a divorce decree passed by a Scottish court as ultra vires, illegal, unenforceable, and without jurisdiction , and also sought a consequential injunction restraining her husband from enforcing the decree, including any claims to marry a second wife. The Court held that if a foreign judg
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