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is divorce granted in canada a valid divorce for india as well?


11-Oct-2023 (In Divorce Law)

Recently I am planning to get married to a guy who is known to me since last few years. Who got married before 2 years in India with an Indian girl according to Islamic law. Then they registered marriage in Indian court. Due to some issues guy went to Canada and girl was in India. Due to personal issues the guy decided to divorce girl.Guy got divorce from Canadian court on the basis that they both are separate since last 1 year. He got divorce. Guy is very sure that his divorce is valid in India. He has sent me his divorce papers to get it varified.is it possible?

Answers (2)

Answer #1
808 votes
Relevant section of the Civil Procedure Code provides that the foreign judgment is open to challenge on various ground, one of which is fraud. In the present case, the Indian Law permits the wife to challenge the said decree. But their are certain restraints as well on the said challenge. The said restraints can only be ascertained once I get to see the complete decree of the Canadian Court along with other relevant papers.
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Answer #2
785 votes
While the divorce will be recognized in Canada, it is open to challenge in Indian Courts. The now ex-wife could easily challenge the divorce on grounds such as the husband was either not domiciled in Canada or that she could not participate in the divorce proceedings in Canada. It would be much better to file for divorce again in India.
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