SMT. NEERAJA SARAPH versus SH. JAYANT V. SARAPH AND ANR.

Citation: [1994] SUPP. 4 S.C.R. 289 · Decided: 06-10-1994 · Supreme Court of India · Bench: R.M. SAHAI · Disposal: Disposed off

Judgment (excerpt)

SMT. NEERAJA SARAPH 
A 
v. 
SH. JAYANT V. SARAPH AND ANR. 
OCTOBER 6, 1994 
[R.M. SAHA! AND N.P. SINGH, JJ.] 
B 
Private International Law : 
Non-Resident Inmans marrying girls in lndit>-DeseJted by the non-resi-
dent Inmans on decree of annulment obtained from foreign co~eed for C 
protection of rights and interest of such women-Legislation-Suggested-In 
one such case interim orders of High Coult staying the decree and ordering 
deposit of ceJtain sum-momfied enhancing deposit to be made in the name 
of victim-Permission to withdraw a palt of it without furnishing security--
Granted. 
The appellant, a Teacher was married to Respondent No.1, a Doctor 
in Computer Hardware and employed in the United States at the behest 
D 
of his father through a common family friend. The marriage was per-
formed on 6th August, 1989 and Respondent No.I returned to America on 
24th August, 1989. In September and November, 1989 he wrote letters to E 
the appellant persuading her to give ap the job and suggesting various 
avenues for her carrer in America. Appellant tried for visa and resigned 
her job in November 1989. Bat from December 1989 things started getting 
cold. When the father of the appellant wrote a letter in January 1990, there 
was no response from Respondent No. 1. In Jane 1990, the appellant's 
brother came to Delhi and handed over two envelopes, one petition for F 
annulment of the marriage in USA Coar! and another, containing a letter 
expressing his feelings at his son's decision. 
Thereafter the appellant filed a sait forma pauperis for damages 
against the husband and father-in-law for raining her life. The sait was G 
decreed exparte for Rs. 22 lakhs and add. The sait was decreed exparte. 
On appeal the High Coart stayed the operation of the decree subject 
to depositing Rs. 1,00,000 within one month. The appellant was permitted 
to withdraw 50% of the amount so deposited. Against this order, the 
appellant preferred the present appeals. 
H 
289 
290 
SUPREME COURT REPORTS [1994] SUPP. 4 S.C.R. 
A 
Disposing of the appeals, this Court 
B 
HELD : 1. The order of the High Court is modified by directing that 
the execntion of the decree shall remain stayed if the respondents deposit 
a sum of Rs. 3,00,000 including Rs. 1,00,000 directed by the High Court 
within a period of two months from today, with the Registrar of the High 
Court. The appellant shall be entitled to withdraw Rs. 1,00,000 withont any 
security. The remaining Rs. 2,00,000 shall be deposited in a nationalised 
bank in fixed deposit. The interest accruing on it shall be paid to the 
appellant every month. If the proceedings are not decided within 
reasonable time, it shall be open to the appellant to move an application 
C for withdrawal of further amount. [293-D, El 
2. With change in social structure and rise of marriages with NRI 
the Union of India may consider enacting a law like the Foreign Judgments 
(Reciprocal Enforcement) Act, 1933 enacted by the British Parliament 
D under Section (1) in pursuance of which the Government of United 
Kingdom issued Reciprocal Enforcement of Jndgments (India) Order, 
1958. Apart from it there are other enactments such as Indian and Coloni· 
cal Divorce Jurisdiction Act, 1940 which safeguard the interest so far 
United Kingdom is concerned. But the role of domicile replacing the 
E nationality role in most of the countries for assumption of jurisdiction and 
granting relief in matrimvnial matters has resulted in conRict of laws. 
What this domicile role is not necessary to be gone into. But feasibility of 
a legislation safeguarding interest of women may be examined by incor· 
porating such provisions as :- (293-G, H, 294·A) 
F 
G 
H 
(i) 
no marriage between a NRI and an Indian woman which has 
taken place in India may be annulled by a foreign court; 
[294-B) 
(ii) 
provision may be made for adequate alimony to the wife in the 
property of the husband both in India and abroad. [294-C] 
(iii) the decree granted by Indian courts may be made executable 
in foreign courts both on principle of comity and by entering 
into reciprocal agreement like Section 44A of the Civil Proce· 
dure Code which makes a foreign decree executable as it would 
have been a decree passed by that court. [294-D) 
N. SARAPH v. J.V. SARAPH [R.M. SAIW, J.] 
291 
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 6584--85 A 
of 1994. 
From the Judgment and Order dated 27.5.94 of the Delhi High Court 
in C.M. No. 427 of 1994. 
Ashok H. Desai, Mu

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