Divorce

merry (Querist) 09 October 2015 This query is : Resolved
Hello sir, I am getting married to a guy who is divorce, and he had married to an Indian Girl before 2 years. After that he got his divorce from Canada. He went to the court, filed application, and then court issued the order for divorce. Divorce paper was sent to that girl and boy. So is this a Valid divorce in India?

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Guest (Expert) 09 October 2015
Madam Merry Could happily Marry.

SAINATH DEVALLA (Expert) 09 October 2015
What were the grounds mentioned for divorce in Canada? Only divorce sanction for mutual consent is recognised under Indian laws for divorce granted in a foriegn country. Divorce granted for Irretrievable breakdown is not valid in India.
First of all let me remind you that a foreign divorce order is not enforceable if the ground of divorce is not recognized in India. The law with respect to the applicability of foreign court orders (divorce order) in India is specifically dealt by Supreme court of India in “Y. NARASIMHA RAO AND ORS V/S Y. VENKATA LAKSHMI AND ANR” in which the court held that in foreign countries the main ground for dissolution of marriage is on the basis of irretrievable breakdown of marriage which is not recognized as a ground for divorce in India.