Uncontested divorce decision in Canada considered legal in India too?

544 votes

If there exists a decision of the Court then you need to present it before the in India and the Indian Court might consider it. However it will essential for you to highlight the aforesaid decree in front of the Court otherwise if you abstain from attending the Court then the Court could pass an adverse Order like an ex-parte order

Advocate Sufiyan Firoz LawRato

907 votes

Dear ma'am. For the divorce decree to be honoured and acknowledged in Indian Courts, you need to file an execution petition in order to give it a finality, as the Indian Courts will not just consider the decree granted in Canada to be the decisive one. You may consult me in that regard though, as I deal with matters of foreign nationals, NRIs as well.

Advocate Puneet Srivastava LawRato

742 votes

Would be prudent for you to seek a detailed legal consultation from an Advocate here in India. This is a bit technical as it involves certain facts like jurisdictional issues, place of marriage, consent of parties and their participation.

In case marriage was solemnised in India either party can file a divorce petition here in India.

Advocate Anubhav Kathuria LawRato

750 votes

Yes, your spouse can file for divorce in India, and such a case would be valid under Indian law. However, it is essential to note that this does not necessarily invalidate any proceedings initiated in Canada. Both countries' courts have jurisdiction over the matter, depending on the circumstances, such as your place of marriage, residence, and other relevant factors.

Currently, there are cases pending in the Supreme Court of India that address similar situations, particularly those involving conflicts of jurisdiction and the validity of foreign divorce decrees. These cases could potentially impact how Indian courts handle cases where foreign divorce proceedings have already been initiated or concluded. Until there is a definitive ruling from the Supreme Court on this matter, both jurisdictions may exercise their authority independently.

Given these complexities, it is crucial to develop a strategic approach that considers both the Indian and Canadian legal frameworks. We can explore several options to protect your rights, whether that means contesting the jurisdiction of the Indian courts or negotiating a settlement that is recognized in both countries.

Please let me know if you would like to discuss this further and plan the best course of action for your case.

Warm regards,
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Advocate Shubham Sharma LawRato