Divorced 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.

 

Answer

 

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.

 


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