Divorce from foreign national
Sidd
(Querist) 11 October 2017
This query is : Resolved
Marriage took place in Ontario,canada and register there itself in march 2011. The groom was hindu and lady was christian but the marriage ceremony took place in hindu temple. After one month of marriage groom came back to india and never went back and no contacts with his wife since october 2011.
Please advise under what act a divorce can be file in India.
Whether indian court would consider a marriage between hindu n christian , which took place in canada. If yes, than under what ACT
Moreover, marriage certificate issued in canada doesnot show any act under which marriage is register. How we can find that?
Please advise on above queries
Vijay Raj Mahajan
(Expert) 11 October 2017
In Canada, the marriages are usually solemnised according to civil form of marriage by the Registrar of Marriages and marriage certificate to that effect issued to the parties. People of Indian origin living there do solemnise their religious marriages in the Gurdwara or Hindu temple or Church as they so desire. The marriage here too must be a civil marriage that got registered by Registrar of marriages. The Hindu marriage between a Hindu and Christian as such is not valid so please don't confuse it.
Now the marriage in Canada can be dissolved in India under the Foreign Marriage Act,1969. I had privilege of getting many such foreign marriages dissolved in India under this Act for my clients.
Although there are many lawyers who are not aware of the Foreign Marriage Act,1969 and give wrong guidance to their clients and just tell them to file divorce case under the Hindu Marriage Act,1955 or the divorce in India is not possible at all for the foreign marriage.
The only condition for getting relief under the Foreign Marriage Act,1969 is that either both or at least one of the parties should be Indian citizen getting married in a foreign country.
If either of you are Indian citizen, than definitely the divorce can be filled under the Foreign Marriage Act,1969 in the Family Court of the district where the either both of them presently reside or one of them is residing while other is residing outside India.
vijaymahajan5758@gmail.com
Rajendra K Goyal
(Expert) 11 October 2017
Well guided by the expert Vijay Raj Mahajan, may proceed accordingly.
Kumar Doab
(Expert) 11 October 2017
You can benefit from the advise of Mr. Vijay Raj Mahajan.
Sidd
(Querist) 12 October 2017
Dear Mr Mahajan
Thanks for replying
However, as you have mentioned that marriages in canada are solmenised in civil form and not under any ACT. What exactly does that means, any website on which i can check or refer too
Sidd
(Querist) 17 October 2017
Please advise on above query
