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Divorce in Canada but coming to India.


15-Jan-2024 (In Divorce Law)
Namaste, Please advise me and put me on right path. I live in Canada with my both parents. We all three are permanent resident. I was married in Delhi. I got my Divorce from my Ex wife this week in Canada and got certificate. If we all 3 travel back to India with with Divorce certificate which I got in Canada, can my wife or his family do anything against us in Delhi, India. Can they put any allegation on me or my family, like domestic or dowry. I have hardcopy of divorce. Please advise.
Answers (5)

Answer #1
795 votes
If divorce has already taken place in Canada, it needs to be declared as final in the courts of Delhi as the finality can only be achieved by this procedure. However your wife and her family are bound by the divorce decree and if they still files and false case then you can take help of the decree already taken place. For any better clarification feel free to contact Thanks
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Advocate Bhawana Pandey

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Answer #2
918 votes
Divorce obtained in Canada is valid in india only if divorce decree get executed in Delhi court. the court has to check authenticity of divorce decree the content of decree will has great impact on situation.
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Advocate Rajesh Kumar

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Answer #3
767 votes
Does the order of the Court state that you have acted cruel to her / that there existed violence? If divorce was on grounds of mutual consent or that the marriage had fallen beyond reconciliation, and this is mentioned in the Courts order, then the case of your ex-wife won't be successful. What you need to know is filing a case and getting a favourable order from Court are two different things.
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Advocate Abdullah Akhtar

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Answer #4
818 votes
the law in India recognizes only such foreign divorce decrees in which both the parties have submitted to the jurisdiction voluntarily. Further, another important requirement is that the case must have been decided on grounds which are permitted under the applicable personal law. If both conditions are met the Canadian divorce decree is valid in India.
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Advocate Kunal Seth

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Answer #5
767 votes
As such of you have got married in India & if you are Hindu then you must have the decree of divorce from Indian courts too for the jurisdiction. Have you got any settlement deed executed in this behalf ? We need more information Plz b in touch
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Advocate D. Khan

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