Legal Question in International Law in Illinois

Re: Implementation of foreign courts jurisdiction in US courts

This is a good question of law. To my limited knowledge United States has not signed a treaty with India to recognize the judgments of Indian courts in the United States and vice versa. However normally American courts do recognize and allow enforcement of foreign money judgments if

1. The proceedings in the foreign court were impartial and conducted in a manner that does not violate due process clause of the American Constitution and the result was not obtained by fraud or manipulation

2. The foreign court was not biased

3. The foreign court has both Personal and subject matter jurisdiction. That is Jurisdiction over the American Citizen and juridiction to try the case you filed.

4. Adequate and proper notice was given to the American citizen in accordance with the law of the state where he resides. This is the most complex issue as differnt states have different process requirements.

And

5. The judgment sought to be enforecd must be final and conclusive in nature.

Assuming that all these are followed and there is no violation of any of the grounds on which the suit can be defended the courts in United States will normally recognize and enforce orders of foreign courts.

Normally to recover the money you have to file a suit either in a Federal court or in a State Court within whose Jurisdiction your ex-husband resides. However since you are an Indian and the ex-husband an American citizen, due to diversity, and the award being in excess of $75000, the suit will normally have to be filed in the Federal District Court within whose jurisdiction your husband resides.

If you let me know where did you get married, where did you and your husband live in the United States and where is he currently residing in the United States, I can help you get justice.

You need to remember that you have to file a suit again in the United States to recover the money and normally the court will first look into the questions of law to either dismiss or allow the suit in a summary manner. But if all the defenses that can be raised can be met, it is most likely that the United States court will recognize an enforce the judgment of the Indian court. To be brief I have avoided citing particular American Acts.

Best,

N. Ramaswami