Y. NARASIMHA RAO AND ORS. versus Y. VENKATA LAKSHMI AND ANR.

Citation: [1991] 2 S.C.R. 821 · Decided: 09-07-1991 · Supreme Court of India · Bench: RANGANATH MISRA · Disposal: Dismissed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

Y. NARASIMHA RAO AND ORS. 
v. 
Y. VENKATA LAKSHMI AND ANR. 
JULY 9, 1991 
A 
[RANGANATH MISRA, CJ AND P.B. SAWANT, JJ.) 
B 
Hindu Marriage Act, 1955: Section 19. Dissolution of marriage 
-Court .to which petition should be presented-Parties marrying in 
India under Hindu Law-Husband's petition for dissolution of mar-
riage in Foreign Court--Fraud-Incorrect representation of jurisdic-
tional facts-Husband neither domiciled nor had intention to make the 
C 
foreign state his home but only technically satisfying the requirement of 
residence of 90 days for the purpose of obtaining divorce-Divorce 
decree by foregin court on a ground not available under the 1955 Act-
Enforceability of. 
Civil Procedure Code, 1908: Section 13. Matrimonial dispute-
D 
Foreign judgment-When not conclusive. 
Clause ( a)-"Court of competent jurisdiction .. -Which is. 
Clause (b )-Ju_dgment on merits-What is. 
Clause (c)-Judgment founded on a ground not recognised by 
Law of India-Effect of. 
Clause ( d)-Judgment obtained in proceedings opposed to princi-
'r 
pies of natural justice-Effect of-Principles of natural justice-Scope 
E 
ef 
F 
Clause (e)-'Fraud'-Scope of-Judgment obtained by fraud-
Effectof. 
Clause (/)-Judgment founded on a breach of law in force in 
India-Effect of. 
G 
Section 14--Presumption as to foreign judgments-Expression 
"Certified copy of a foreign judgment"-Should be read consistent with 
requirement of Section 86 of Indian Evidence Act. 
Indian Evidence Act, 1872. Section 41-"Competent court"-
H 
Which i_s. 
821 
822 
SUPREME COURT REPORTS 
[1991] 2 S.C.R. 
A 
Section, 63( 1)(2), 65(e)(f), 74(J)(iii), 76, 77 and 86. Foreign 
judgment-Photostat copy-Admissibility of. 
Private International Law-Matrimonial dispute-RecognitiOIJ of 
foreign ju.dgment-Rules for recognition of foreign matrimonial judg-
ment laid down-Hague convention of 1968 on the recognition of 
B divorce and legal separations-Article JO-Judgment Convention of the 
European Community. 
Words and phrases "Residence-Meaning of'. 
The first appellant and the first respondent were married at 
Tirupati on 27.2.1975 according to Hindu Law. They separated in July 
C 
1978. The appellant-husband filed a petition for dissolution of the mar-
riage in the Sub-Court of Tirupati stating that he was a resident of 
South Claiborn Avenue, New Orleans, Louisiana, and that he was a 
citizen of India and that he and his wife last resided together at New 
Orleans, Louisiana. Subsequently he filed another petition for dissolu-
D tiou of marriage in the Circuit Court of St. Louis County, Missouri, 
USA alleging that he has been a resident of the State of Missouri for 90 
days or more immediately preceeding the filing of the petition and that 
his wife had deserted him for one year or more next preceding the filing 
of the petition by refusing to continue to live with the appellant in the 
US and particularly in the State of Missouri. But from the averments 
E 
made by him in the petition before the Sub-Judge, Tirupati it was 
obvious that he and his wife had last resided together at New Orleans, 
Louisiana and never within the jurisdiction of the Circuit Court of St. 
Louis County in the State of Missouri. 
The respondent-wife filed her reply raising her objections to the 
F 
maintainability of the petition. She also clearly stated that her reply was 
without prejudice to her contention that she was not submitting to the. 
jurisdiction of the foreign court. 
The Circuit Court Missouri assumed jurisdiction on the ground 
that the 1st Appellant had been a resident of the State of Missouri for 90 
G , ~ays next preceding the commencement of the action in the Court. In 
the absence of the respondent-wife the Circuit Court, Missouri passed a 
.. decree for dissolution of marriage on the only ground that the marriage 
has irretrievably broken down. Subsequent to the passing of the decree 
by the Circuit Court, Missouri, the appellant filed an application for 
l,lil!lissal of his earlier petition before the Sub-Court of Tirupati and the 
H 
same was dismissed. 
~-
Y. NARASIMHA RAO v. Y. VENKATA LAKSHMI 
823 
On 2nd November 1981 the lst appellant married appellant No. 2. 
Thereafter, the 1st-respondent filed a criminal complaint against the 
A 
" 
appellants for the offence of bigamy. The appellants filed an application 
for their discharge in view of the decree for dissolution of marriage 
passed by tbe Circuit Court, Missouri. The Magistrate discharged the 
appellants by holding tha

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