Married in india and got divorce in canada

Question

Married in india and got divorce in canada

10-Aug-2025 (In Divorce Law)

I was married in india in 2018 and got a divorce in canada in 2025 . Is it valid in india and can a remarry in india .

Answers (2)

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Advocate Rahul Kapoor LawRato · Accepted Answer · 2025-08-11T22:38:08+05:30

Answer #1

A divorce granted in Canada can be valid in India only if it fulfills the requirements under Section 13 of the Civil Procedure Code regarding recognition of foreign judgments. It must be granted by a court of competent jurisdiction, on grounds recognized under the Hindu Marriage Act or other applicable personal law, and with both parties having participated in the proceedings or having been duly served. If these conditions are met, you can apply for its recognition in India, and once recognized, you are legally free to remarry here. If not, you may need to obtain a mutual consent divorce or contested divorce decree from an Indian court before remarrying.

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Advocate Abhyudaika Barwal LawRato · Accepted Answer · 2025-08-13T13:02:27+05:30

Answer #2

You need to get the Canadian Divorce Decree enforced from appropriate court in India. Then it will become valid. Else, you can go ahead since you have divorce decree, but if there is an objection, you must get it enforced first.

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Adv. Abhyudaika Barwal Adv. Abhyudaika Barwal

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