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parthasarathy ganesan   27 September 2018

Divorce without marriage certificate with foreign national

Hello Lawyers,

I am Indian origin, settled in Canada and my partner is Philipina with Philipines citizenship living in Canada. We met in Canada and Jan 2018 we got married in India in a small temple. We did not register our marriage in temple/court in india and we came back to Canada. Within 3 months we both went our own ways and i have no idea where she is even living. We both have our temple wedding pics and reception pictures.

1) Can I move on and just marry another girl without court intervention?

2) If i have to go to court, what are the procedures if we did not register the marriage and she is not even Indian?

Please advice. 

 

Thanks for your valuable time,

Sashi



Learning

 2 Replies

Vijay Raj Mahajan (Advocate)     27 September 2018

You married a Christian woman from Philippines in a Hindu temple in India that marriage was not registered. You Hindu marriage with Christian woman is by itself null and void under the Hindu Marriage Act,1955. No further dissolution of marriage possible for already void marriage. Go ahead in life and find suitable match for yourself.

parthasarathy ganesan   28 September 2018

Thanks Mr Vijay. So,

1. Can i say we are not married at all in India? 

2. We filed for a marriage licence in Canada, but before registering the marriage we split and went on our own ways. Will this cause

    any issue in my future marriage?

3. Should i take any precaution at all? (or) Just move on....reason is am concerned with the pictures, wedding/reception videos etc. 

 

Thanks for your valuable time

Sashi


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