Need divorce from foreign national

Applicability of law for divorce is according to the rites and ritual performed at the time of marriage, therefore, you are to find out which religion did you profess when you got married.

Show your marriage certificate to a local lawyer for proper andvise and proceeding.

It is not understood why do you intend to file divorce, denial of visa is not a ground in either of the religions.

 

Yes you can seek divorce under the Foreign Marriage Act, 1969 read with the Special Marriage Act, 1954 for the Registered Marriage in Canada. You should have the Canadian Marriage certificate duly endorsed by the Indian High Commission, Canada as proof of marriage.

The divorce process in India will require the service of court summon to your spouse in Canada through Ministry of Law & Company Affairs and Indian High Commission , Canada that take 5-7 months’ time period and if there is no defense from her side, your case proceeded ex-parte and divorce allowed.

As I have handled many such foreign marriage cases I know that things are not difficult if you get good lawyer at your disposal to handle the matter on your behalf in the Family Court, in India properly.

Thanks for replying. As i am not in touch with my spouse anymore and i dont know her whereabouts in canada. So is there anyway to check whether she has already taken divorce yet or not...further you said any good lawyer has to fight this case...can you recomend some one with whom can i speak to in details. I stay in delhi. so kindly advise

Thanks for replying. As i am not in touch with my spouse anymore and i dont know her whereabouts in canada. So is there anyway to check whether she has already taken divorce yet or not...further you said any good lawyer has to fight this case...can you recomend some one with whom can i speak to in details. I stay in delhi. so kindly advise