Haresh (Trainee) 16 January 2012

Is divorce in canada vaild as per indian law

Hi,
Can you answer my below queries , if a couple have married and registered a marriage only in India and living in Canada( both holding citizenship there ) since then and want to file for a divorce ,
1) Is divorce filed in Canada legally valid in India?

3) What are the legal pre-requisites to get a mutual divorce?
4) Once filed, how long does it take to get the divorce?
5) In case the divorce is not mutual and there is a no-show from other party what are the consequences?

6) Is it necessary to file a petition in India also as the marriage was registered and solemnized in India

What if one party wants to save this marriage.

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7 Replies

A.VIVEK ADVOCATE (ADVOCATE) 16 January 2012

1) NO

2) YOU HAVE TO APPROAC YOUR ADVOCATE AND DISCUSE THE ISSUE

3) DEPENDING UPON THE COURT WORK LOAD

4)EXPARTY ORDER WILL BE PASSED BY THE COURT

5)ACCORDING TO ME YOU HAVE TO FILE A PETITION FOR DIVORCE ONLY IN INDIA

PLEASE CONTACT YOUR ADVOCATE HE WILL TAKE CARE WHRER ARE YOU ARE YOU IN CHENNAI

**Victim** (job) 17 January 2012

MCD obtained in Canada is valid in India as long as both couples agree its better to go for MCD in Canada and then get it annulled in india

(Guest)

Haresh

Neither Advocate Vivek nor Victim have provided legal basis. I recommend you read this blog by P Rajendran who has dealt with this very subject matter in great depth and had demytified Indian law in a lucid manner for the lay man to understand.

https://newcenturyindianlaw.blogspot.com/2011/03/divorce-ii.html

If I am to attempt applying Rajendrans blog to your situation, I may be inclined to disagree with Advocate Vivek and partially agree with Victim and state:

1. Citizenship status has no bearing to the divorce if the marriage was solemnised in India under HMA which is your case.

2. Depending whether you agree to the jurisdiction, Indian courts may not conside the divorce valid if one the parties do not consent to the jurisdiction of foriegn court to rule on matrimonial matters under HMA.

3. Attaching a draft letter that you can use if your intention is to dispute the divorce of Canada in India.

4. If both parties agree to the Candian divorce, then the same two parties can co-operate and do a MCD.

Attached File : 555441491 jurisdiction for divorce for marriage under hma.docx downloaded: 304 times

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Haresh (Trainee) 17 January 2012

Thanks a lot for valuable information and the link.