Both parties are canadian citizen
rajeev
(Querist) 04 November 2016
This query is : Resolved
Hi I married a Indian girl in 2000 and took her with me to Canada in July 2000 itself. She became a Canadian Citizen in 2003. I have been a Canadian National since 1989. In 2007 without telling me she filed for a divorce in Ontario, Canada but the application got cancelled because she didn't pursue it.
In 2007 we went our separate ways and finally in 2012 I filed for a divorce in Ontario Superior Court of Justice. She made one excuses after another and kept running for 3 years.
In July of 2016, the divorce was ordered and 30 days later a divorce certificate was issued by Superior Court of Justice, Ontario Canada.
I have applied in India to get married again. The ex wife's father has filed an objection that both the parties were married in India and the marriage in India is still valid. He has hidden the facts that his daughter lives in Canada and haven't been to India in long time.
Now I have to go in front of Special marriage Magistrate. What legal reason should I give him in regards of my case.
Please advise.
Rajeev
adv.bharat @ PUNE
(Expert) 04 November 2016
Rajeev what do you want is more important.
Plz specify what u want?
rajeev
(Querist) 04 November 2016
Hi I want tyou know what legal rulings I should give to the magistrate so I can get re married again.
anand
(Expert) 05 November 2016
Just place your divorce order before marriage magistrate and that shall be enough in this regards as period of appeal has lapsed and your divorce order has become final.
Guest
(Expert) 05 November 2016
Dear Rajeev,
You have not made clear, where you have applied in India to get married again and where the ex wife's father has filed an objection that both the parties were married in India and the marriage in India is still valid. That smacks, as if your query is of an academic nature.
The question arises, has the marriage officer asked you to prove that the divorce in Canada is valid in India?
However, this is for your information that in order to cloear a long-standing grey area, the Supreme Court of India Ruled in a case in November 2009 that a divorce obtained in a foreign court is valid in India.
The case related to Pashaura, a Punjab resident, who married Kamaljeet Kaur, a Canadian citizen, in 1997 and settled down in Canada with her. In 2001, he divorced her in the Supreme Court of British Columbia. Thereafter he remarried in India and returned to live in Canada, which prompted Kamaljeet’s brother to lodge an FIR in Punjab.
About ruling, you will have to search for that ruling yourself to present before the Marriage Officer, if desired.
rajeev
(Querist) 05 November 2016
Mr. Dhingra, yes I have applied to marry again in India.... and thanks for the info.
Rajendra K Goyal
(Expert) 05 November 2016
You are legally divorced, submit proof of her Canadian citizenship and copy of divorce from court.
rajeev
(Querist) 05 November 2016
Thanks mr. Goyal
Kumar Doab
(Expert) 05 November 2016
You have mentioned in the 1st post/query that;
"I have applied in India to get married again"
You may act upon the advise of expert
Mr.Anand, Mr. Rajendra K Goyal.
rajeev
(Querist) 05 November 2016
thanks everyone.
Kumar Doab
(Expert) 05 November 2016
You are welcome.
Dr J C Vashista
(Expert) 07 November 2016
@ Rajeev,
What do you mean to state inter alia, that, "I have applied in India to get married again....." Whom did you apply? What was the application asking for?
Further you have stated that, "My ex-wife's father has filed an objection that both the parties were married in India and marriage is still valid in India..." what is the basis of filing of such an objection.
Prima facie it is an academic and baseless query.
