quesDivorced in Canada. Can I remarry another girl in India? I am a NRI.

Can a NRI guy married in India and Divorced by mutual consent in Canada remarry another girl in India? Is the Canadian Divorce recognized in the Indian legal system?



 



Please advise.



 

  • ans

     

    1. With respect to matrimonial disputes, the jurisdiction of courts is determined based on the following considerations:

     

    i. Where the marriage was solemnized
    ii. Where the couple last stayed together (the matrimonial home)

     

    If Canada is your matrimonial home then, you are amenable to the jurisdiction of both India and Canada. So you can file a divorce petition in India or in Canada.

     

    So if you get divorced in Canada by mutual consent, the Divorce decree passed by Canadian Court shall be recognised in India, however, it can be challenged and declared null and void in India on the following grounds:

     

    i. When Granted by Court not authorised by Indian Law to grant the same
    ii. When one side is not heard or his/her submissions not taken on record
    iii. On a ground not recognised by Indian Law
    iv. When the proceedings are against principles of Natural Justice
    v. If it is obtained by fraud

     

    In such a case you shall end up divorced in Canada and married in India and you wont be able to remarry in India.

     

    As you have stated your divorce is by mutual consent, this ground is recognised in the Special Marriage Act and therefore, you need to make sure that the other grounds for challenge are taken care of and your divorce shall be recognised in India.

     

  • File Mutual Consent Divorce @ Rs. 25,000/- only


    Know More
  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Divorce lawyers in India

Similar questions

My Sister is Married since 2007 at at age of 35 Before Marriage she was…
After 4 yrs sepeartion left with 1yr old kid with her brothers help mentioned the…
My son and daughter-in-law are shifting out from our joint family as the daughter-in-law is…
SPOUSE IS ALWAYS SCREAMES,GET ANGER ,ABUSES & PHYSICALLY HURT ME INFRONT OF MY 2.5YEARS OLD…

Divorce Lawyers in India

Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 14 years


Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years


Advocate Vipin Kumar Malhotra

  Saket Court Complex
 Experience: 18 years


Advocate J. P. Rinwa

  High Court
 Experience: 16 years


View all >>

How it Works

Know how LawRato makes legal advice easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly