@ Author,
1. She has exercised her jurisdiction / territorial rites that is sum short of all your miseries explained and she is within her rites to do so is flip view….
2. I understood from your post that some activity to dissolve your marriage is going on in a Canadian Court of Law but Judgment has not been announced.
The above besides the point post facto even the Canadian Court gives its verdict I am sure you will ask next inevitable question to I am giving you answer to your next post here itself to conserve bandwiddth.
In my opinion and you may read down;
When foreign court pronounced judgment not conclusive;
S. 13 of the Civil Procedure Code (Indian not Canadian) establishes when the foreign judgments are not conclusive. The conditions are -
a. Not pronounced by the court of competent jurisdiction - The term "competent" is viewed differently by different courts. However, my understanding is that if the divorce is awarded by the court of jurisdiction in which you both have last resided as a couple for a satisfactory period (of may be 12 months – I am open for correction here on period part), then it should be considered as a competent court. The other argument is that if your bitter half contests your divorce application, this means that she has submitted to the jurisdiction of the court. This makes it a court of competent jurisdiction. It is a different story if she doesn't submit and if it is an ex-parte divorce. Feel free to explore more….
b. Not given on the merits of the case - I'm not sure on what "merits" the Canadian Court may see in your story there (means un tried issues of fault theory facts). But, as long as the judgment is passed after careful consideration by the judge / magistrate, I would think that it meets this requirement.
c. Judgment found on a ground not recognised by the Indian law - This is such a controversial matter. If the HMA is not applicable to someone, its grounds shouldn't be either. As discussed above, it is likely that your foreign decree of divorce may be on grounds of fault theory and or also may be announced as an ex party !
d. Judgment obtained in proceedings opposed in principles of natural justice - Self explanatory, I guess to readers I suppose
e. Obtained by fraud
f. Judgment founded on a breach of law in force in India
Certified Copies of Foreign Judgment
Get you divorce order certified by the Indian Consulate in Canada (home base county or State) before submitting it to the Indian courts. This is required by S. 14 of the Civil Code & S. 86 of the Indian Evidence Act
Rest I can’t guide as it is too early a scenario according to me. May be other readers may have something to add and or correct my one doubt as stated above.
