A.M. Shaffique, J.:— This appeal has been filed challenging the order in OP No. 1056/2013 of the Family Court, Kottayam at Ettumanoor. The Original Petition was filed by the appellant seeking recovery of money based on the judgment and decree dated 28/10/2010 of the Superior Court of New Jersey, Chancery Division. The Family Court after considering the matter had observed that, in view of S. 13 of the Code of Civil Procedure, the judgment of the foreign court was not conclusive in order to invoke the jurisdiction of the Family Court and therefore no decree can be passed enforcing the said judgment. Paragraphs 34 and 35 are relevant, which reads as under:—
“34. As we have seen Ext. P1 to P3 judgments cannot stand the test of Section 13 CPC. Even if it is taken for argument sake that the said foreign judgments are conclusive, then also the decree holder cannot enforce that decree through a court in India, since United States of America is not a reciprocating country to India.
35. The petitioner filed this suit purely on the basis of the decree obtained by her from the Supreme Court of New Jersey. She has not stated any other cause of action to file this suit. Judgment by a foreign court cannot be a cause of action for filing a fresh suit in an Indian Court. If that judgment satisfies all the conditions mentioned in Clause (a) to (f) of Section 13 CPC, then it shall be treated as conclusive as to any matter directly adjudicated thereby, and then also it will not entitle the petitioner to get another decree from an Indian Court, simply adopting the Foreign Court judgment.”
2. We do not think that a different view could be taken in the matter. We do not find any grounds to interfere with the said order. Mat. Appeal is dismissed.
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