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Validity of divorce notice as per Canadian court,rituals happend India
16-Mar-2023 (In Divorce Law)
We got married in Dec 2012 in Mumbai.Then in April 2015 we received PR moved to Canada. In august 2016 my husband confessed of having committed adultery and hence I came back to Mumbai in Aug2016.In Nov2016 I went back to Canada,lived in different house thinking things might work out.But finally in Dec2016 he said it will not work out and I moved back here in Jan2017 and since then residing with my parents,not going back.I want to get divorced without any allegations.He wants to file divorce as per Canadian court as he is not ready to come to india. My question is a) if he files divorce as per Canadian court will it be valid as per Indian law, if I decide to remarry in india in future. b) what is the meaning and difference between cosigning the form and him completing the paperwork and me just acknowledging the reciept of papers? c)if I recieve divorce paper as per Canadian court would I still have to convert it here. What would you suggest filing in canada or india? Please help.
Hi,
If you got married according to Hindu rites and rituals then your divorce has to be as per Hindu Marriage Act, if you get the divorce as per the Canadian Court you might have to file a declaratory Suit in family Court and Serve summons to him hence it is advisable to get a Mutual Consent Divorce here.Check www.divorcewhammy.com.Contact for more information.
If you got married according to Hindu rites and rituals then your divorce has to be as per Hindu Marriage Act, if you get the divorce as per the Canadian Court you might have to file a declaratory Suit in family Court and Serve summons to him hence it is advisable to get a Mutual Consent Divorce here.Check www.divorcewhammy.com.Contact for more information.
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Adv. Shalini Devi
Mumbai | 400+ Answers
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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.
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.
I have gone through your query. I will answer your query para wise below
1) If your husband files for Divorce in Canada the Order will be valid in India and anywhere. On the basis of the said Order and Decree you can remarry in India. But to avail that Decree and Order you will have to visit Canada and appear before the Judges. You can even file for Divorce in India. If he doesn't choose to come the Ex-party order will be passed against him and eventually the final order and Decree will be passed.
2) Generally when a Suit / Petition is filed in the Court, the said Court send the Summons to the other side of person. That Person need to acknowledge the said summons by signing on the same. Even after receipt of summons and acknowledgement if you fail to appear before the Judge, the Court will pass Ex-party order against the person who does not appear even after receipt of summons. So I suppose he meant that.
3) If you receive the paper it is your duty to accept it. The papers what you will receive will be the copy of the petition what he has filed in the Court of Canada. I propose that it would be better to file the proceedings of Mutual Consent in the Family Court at Mumbai and get it sorted once for and all. In the said process he will have to appear before the Court on 3 occasions. i) at the time of filling of the Petition, ii) for Counselling and iii) After period of 6 months when the Court will pass its order. Or you may choose to file a Petition for divorce and serve the Summons to him.
You may further consult me if you have any further doubts.
1) If your husband files for Divorce in Canada the Order will be valid in India and anywhere. On the basis of the said Order and Decree you can remarry in India. But to avail that Decree and Order you will have to visit Canada and appear before the Judges. You can even file for Divorce in India. If he doesn't choose to come the Ex-party order will be passed against him and eventually the final order and Decree will be passed.
2) Generally when a Suit / Petition is filed in the Court, the said Court send the Summons to the other side of person. That Person need to acknowledge the said summons by signing on the same. Even after receipt of summons and acknowledgement if you fail to appear before the Judge, the Court will pass Ex-party order against the person who does not appear even after receipt of summons. So I suppose he meant that.
3) If you receive the paper it is your duty to accept it. The papers what you will receive will be the copy of the petition what he has filed in the Court of Canada. I propose that it would be better to file the proceedings of Mutual Consent in the Family Court at Mumbai and get it sorted once for and all. In the said process he will have to appear before the Court on 3 occasions. i) at the time of filling of the Petition, ii) for Counselling and iii) After period of 6 months when the Court will pass its order. Or you may choose to file a Petition for divorce and serve the Summons to him.
You may further consult me if you have any further doubts.
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Adv. Sameer Jagtap
Mumbai | 25+ Answers
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Hi
Divorce proceedings in respect of your case will be initiated in India because
1 your marriage is performed under Indian law
2 you are domiciled in India
3 you (wife) are residing in India
Therefore you can proceed as per Indian laws for your further reliefs
Divorce proceedings in respect of your case will be initiated in India because
1 your marriage is performed under Indian law
2 you are domiciled in India
3 you (wife) are residing in India
Therefore you can proceed as per Indian laws for your further reliefs
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Adv. Rohit Shaligram
Pune | 500+ Answers
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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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