Advocate Navish Arora

Questions Answered by Advocate Navish Arora

Q: Whether Canadian Divorce valid in India or not?

My sister got married in India in 2021 and she went to canada same year, there due to some factors she divorced him in 2023 and everything happened mutually without compalints. Now I am wondering whether the divorce happened in Canada valid here in India, and she is able to remarry and no future concsequences she would face!If not valid then let me know what should I do!

Advocate Navish Arora answered
A divorce decree granted by a foreign court (such as a Canadian court) may be valid in India, but it depends on whether it satisfies the requirements of Indian law.If both spouses voluntarily participated in the proceedings, mutually consented to the divorce, and the decree is not contrary to Indian law or public policy, it is generally recognized in India. However, if the foreign court lacked jurisdiction under Indian law or the divorce was granted on a ground not recognized under the applicable personal law, its validity may be challenged before an Indian court.Therefore, before your sister remarries in India, it is advisable to have the foreign divorce decree and related documents examined by an advocate to ensure there are no future legal complications.If you can share: • Whether both parties are Hindus/Muslims/Christians, etc. • Whether the marriage was registered in India. • Whether both spouses appeared and consented to the divorce in Canada.I can provide more specific guidance.

Q: I want discuss with advocate after I want file

Hi sir Pls discuss on my whtsapp number I wants talk with. My son but my don’t like I can’t talk my son so I want discuss with already I Complaint to nri police they replied to me must arrange advocate he come to court and file the case

Advocate Navish Arora answered
Hello, I hope you're doing well, Based on the facts you've shared, it appears that you are being prevented from speaking with or meeting your son. If your spouse or another guardian is denying you access, you may have legal remedies, available under Gurdians and Wards Act.Since the NRI Police has advised you to engage an advocate and approach the court, it would be appropriate to consult an advocate who can examine your documents and file the appropriate petition before the competent Family Court. Depending on the circumstances, you may seek visitation rights, custody, or other appropriate relief under the applicable family laws.As your matter appears to involve an NRI and may have cross-border aspects, the specific legal strategy will depend on where the child is currently residing and the facts of the case.You may contact me with the complete facts and relevant documents for detailed legal advice.