Dear Advocates,
I was married on Feb 19, 2006, and marriage got registered according to Hindu marriage act. On May 29, 2011 we got separated. My wife went to Canada as a permanent resident. I am also permanent resident of Canada. Since June, 2011 she is living in British Columbia, Canada. I filed my divorce case in the court of British Columbia on 3rd March, 2014. The ground of divorce case was dissertation. I was granted the ex-parte divorce decree on 19th June, 2014, as she did not contest the case. Although the notice of family claim/summon was being served at her Aunt’s address as per the order by the honourable judge. Now my question is that whether the Indian court recognizes this decree of divorce or not? My divorce fulfils the fundamental conditions of Hindu marriage act. That is the ground of the divorce was dissertation, at the time of application we were separated for 2 years and 9 months. This case also fulfils the condition of Hindu marriage act, that, who is the competent authority to grant the divorce? According to Hindu marriage act, a court is a competent authority where the respondent is living. So my wife is living in British Columbia permanently (She has Indian Passport but Permanent resident of Canada). So I got the divorce from the jurisdiction of my wife i.e. from the supreme court of New West Minster, British Columbia, Canada. This is the nearest competent court where my wife is living. She is living in Surrey. Please tell whether my divorce is acceptable in India or not. I will be highly grateful for your precious advices.
