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Is a divorce decree from Canada admissible in india?
08-Mar-2023 (In Divorce Law)
I am an Indian citizen by birth and got married to a Canadian NRI in 2011in India as per Hindu law. My religion is Hindu and i married a Hindu guy. After marriage iwas sponsored by my ex husband and got my Canadian PR. I stayed with my ex husband for some weeks in Canada and then we separated and got divorced in Canada. After my divorce icame back to India and living in India only since then. Is my divorce decree from Canada recognizable in India? Can iget married again in India to an Indian citizen living in India on the basis of my Canadian divorce decree? Please send me genuine and correct information as i got two contradictory replies from this site earlier. Regards Neha
You can not remarry on the basis of canadian divorce decree legally alone in india. However on the basis of canadian divorce decree you can apply for divorce in Indian court of law which will grant you divorce easily.
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Adv. Anurag Bhati
Greater Noida | 400+ Answers
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Does India accept Canadian divorce?
According to Indian law, the divorce granted in the presence of the two parties by a foreign court is valid in India. The divorce that is granted by a foreign court in the presence of both parties, will be valid under Indian law.
On what basis divorce can be taken in India?
The common legal grounds for divorce in India
Cruelty is when either spouse or both of them are cruel to each other. Desertion: One or both spouses are missing and not alive for the last seven years. Adultery: One of the spouses has been cheated on by another spouse.
Will my foreign divorce be recognized in India?
Sections 13 and 14 of the Civil Procedure Code provide that a divorce decree issued by a Foreign Court will be considered legal, valid, and binding by Indian Courts. Section 13 lists the conditions under which a foreign judgment is not valid.
Can I marry in Canada after divorce?
Before you can marry another person, you will need to prove that your marriage with the previous spouse is over, either through divorce or death. You will have to prove your divorce outside Canada was legal.
A marriage solemnized under the hindu law is governed by the provisions of the same.A divorce decree passed by a Canadian court is valid only when it has been passed under the hindu law otherwise it is null and void.
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Adv. Rajeev Sharma
Moradabad | 25+ Answers
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As u said ur marriage was solemnized according to Hindu rights and custom the divorce which was passed by Canadian Court will not sustain in India u will have to file divorce in India so that u can get remarried
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Adv. Anurag Arora
Lucknow | 25+ Answers
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The Canadian divorce decree is valid in India, unless declared illegal by an Indian court. The decree he has himself requested and received cannot be challenged. You can only challenge it.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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