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Vikash Dalal (N/A)     06 October 2014

Nri divorce

All

I need your expert advise here.

I had married two times in different states of India with same person and both marriages are registered. Now, I am in Canada for last three years along with my wife and want to file a mutual consent divorce. 

- Do I need to mention that I married twice with same person on different dates in same country or its not mendatory to mentioned?

- What if I file it in India and none of the married partners able to come india for hearing or signatures, any alternative?

- Does divorce application can be filed with Indian embassy in Canada?



Learning

 4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     06 October 2014

Dear, If you file in India, then the parties can appear twice and it will be don, because in mutual consent divorce there are two motions and the divorce is done. You can file the same.in Canada and for that you don't need any permission from embassy. Don't mention that u got married the same person twice, it will not make any difference. Advocate kapil chandna, 9899011450

SRISHAILA.DHARANI (Advocate&consultant)     07 October 2014

You need not mention about the second marriage.In India, you have  to present times to get the mutual consent of divorce. First time you both have to appear at the time of presentation of the petition and second time , have to be present at the time granting the divorce by the court.

 

srishaila,advocate,9741425514

Adv. Chandrasekhar (Advocate)     07 October 2014

No Sir, you must specifically mention about the two marriages with the same person and also narrate in convincing manner how this obsurdity happened and also attach the both marriage certificates with the MCD petition to obviate any future problems. 

T. Kalaiselvan, Advocate (Advocate)     12 October 2014

In my opinion, once married legally, until it has not been legally dissolved, it remains valid, subsequently there may be any number of customary marriages by the same couple which are not considered as marriage in the eye of law.   Therefore after first marriage any number of marriages in any form without divorce or dissolution of the marriage, are not considered as marriages  and will be treated as null and void.  Further for the marriage solemnised in India as per Indian marriage rules and provisions of law, a divorce of the same  in a foreign country cannot be held valid in India, hence file a petition in India if you seek divorce from her in any form.


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