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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
672 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.
People also ask

Is my Canadian divorce valid in India?

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.

How do I remarry after divorce in Canada?

The clerk issuing the marriage license will require the Certificate of Divorce to prove that you have not been married. You should have a lawyer draft your marriage contract, even though its not required.

How many days after divorce can you remarry in India?

Both parties have 90 days to appeal the divorce decree. If no appeal is made within this time, either party is eligible to marry again after the period of appeal has expired.

Can you remarry in Canada if you get divorce in another country?

Only after your divorce from abroad has been recognized by Canada can you remarry.

  
Answer #2
870 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.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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