Need divorce
Sidd
(Querist) 22 October 2015
This query is : Resolved
Dear Sir
I married to a canadian citizen (contract marriage) in 2011 to get canadian permanent resident..but that lady ditched me and i didnot got any visa.However, in order to apply visa i annouced that marriage in india and updated my passport with her name as my spouse. Now i really got married in 2014. So please advise hiw can i update my current wife's name as my spouse. The difficulties are how to get divorcee certificate when i dont have any touch with my previous spous who lives in Canada and none of my marriage is not registered in indis yet.
alexander
(Expert) 22 October 2015
EX TURPI CAUSA NON ORITUR ACTIO
What a tangled web we weave when we persistently try to deceive
Maybe other learned Colleagues have a solution for your self inflicted problems I have none except for you to confess your blunders and stick to truth at whatever the cost I shall close by another nearly appropriate Latin Maxim
UBI JUS UBI remedia
in your case it would roughly translate as " For every mistake there is a remedy"
Sidd
(Querist) 22 October 2015
Any solution to my query...please let me know if i can file divorce case in india when i got married in canada
P. Venu 
(Expert) 22 October 2015
In my considered opinion, there may not be any legal issues so long as you and your wife requires a joint visa to travel abroad.
Rajendra K Goyal
(Expert) 23 October 2015
contact your previous spouse and get divorce from her first. Get her name removed from your passport on the basis of divorce. take marriage certificate with present wife, get her name endorsed in your passport.
You have to try by searching social media / through your nears and dears for getting whereabouts of your first wife.
alexander
(Expert) 23 October 2015
Techniczlly you would be in a fix. You cannot have Second wedding when your previous spouse is alive / not divorced at a date prior to your second noce. Your Second marriage is ab initio Void.
alexander
(Expert) 23 October 2015
You could send RCR notices to your erstwhile contract partner. Aftrer a few returned undelivered notices you could lodge a missing persons report in the local police as well in the local police of your spouse. The chances are that once the Red Coats of the local Canadian Police start making enquiries about her she would get the wind up and discard you pronto by giving you a Divorce certificate.
Plan B will unfold once you get a couple of returned RCR notices or the report of Canadian Police who well might say ' not traceable / a person by this name doesn't exist at the address given by you'/ or divorce documents from the lady
K.S.Srinivas
(Expert) 23 October 2015
In the landmark judgment in Y. Narasimha Rao and Ors. v Y. Venkata Lakshmi and Ors. (1991) 3 SCC 451, it was held that marriages that take place in India can only be dissolved under either the customary or the statutory law in force in India. Therefore, the only law that can apply to matrimonial disputes is the one under which the parties are married.
Therefore, file divorce petition in India and get divorce from the court. Without dissolution of first marriage, the second marriage is void.
ABDUL RAZIQUE
(Expert) 23 October 2015
Well advised by Experts, nothing more to add.
Dr J C Vashista
(Expert) 24 October 2015
Dear Mr. KS Srinivas,
The author had a "contract marriage" implies that it was not solemenised/ conjumated as per Hindu rights and rituals, accordingly the ratio of judgment in Y Narsimha Rao is inapplicable.
@Sidd,
Disclose all relevant information to a local prudent lawyer, your's is not a simple query to be resolved and advised.
