(Querist) 06 April 2012
This query is : Resolved
Marriage registered before one year in India. Husband lives in India and Wife is in Canada on working visa (since 8 years). Wife has filed divorce petition (Section 13 (i) (ia)) against Husband. She has made POA to her father to run divorce case in India. Husband doesn’t want to divorce her and wish to live happy life with her. There is no any evidence of their marriage except the registered marriage certificate of India. Wife has not add her husband’s name in her passport and also not registered her marriage in Canada. Wife has plan to settle in Canada. Now, the questions are 1) Is there in any legal system in Canada to register the marriage in Canada If someone get married although it is registered in India? 2) Can Husband give the information about their marriage to Indian Embassy or Canada Embassy? If possible then How can he do this? OR is there any legal way to inform about their marriage to Canada government? 3) If wife will get married again in Canada with other person hiding her past marriage then How can Husband know about her actions? Thanks in Advance…
Raj Kumar Makkad
(Expert) 06 April 2012
1. If the marriage is already registered in India, there is no need to get it re-register in Canada.
2. It can simply be informed by writing a letter supported with your affidavit and registration certificate of marriage but what purpose you want to serve by sending or informing Canadian authorities. Do you think your wife is taking benefits in Canada by showing herself as unmarried?
3. This is a matter of common sense. You shall have to be updated through your own sources.
One thing more...If your wife is not ready to live with you, nothing can be done.
(Expert) 07 April 2012
You can file RCR petition and contest the divorce petition in court.
(Expert) 07 April 2012
Yes, you are correct. Your wife can marry again in Canada since the court there will see her document which makes it clear that she is still single.If she does that you can't know it from any source except personal. You can intimate the embassy that a divorce proceeding is going on in India.But the question is would u be happy by forcing her to live with you when she is all prepared to settle there.Think. 919555462995
(Querist) 07 April 2012
I heard that RCR petition is useless. In this case RCR petition can be useful? One foreigner come in India to marry and after some time he/she go back to his/her country and send message to his/her spouse that he/she doesn't want to keep more relations with him/her and want to divorce.The spouse in India is bounded because of laws of India but the other spouse(although he/she conduct Indian citizenship) in foreign country is become free to remarry!!There is no any Law/Legal system for matrimonial cases between the countries??
Dr V. Nageswara Rao
(Expert) 08 April 2012
1. There is Foreighn Marriage Act of 1969 under which Indians can get their marriage registered in a foreign country in Indian embassies or Consular ofiices if they are not already married. 2. Any person, being a Hindu or Christian, is not conpetent to marry again and it would not make any difference even if the second marriage takes place in Canada.Under Canadian law bigamy is a punishable offence. 3. The wife cannot get married in Canada for the second time without divorcing the first husband. 4. The husband has to wait till the wife gets married for the second time before he take steps to get her second marriage annulled and get her punished for bigamy. 5. As the wife has filed for divorce on the ground of cruelty in India under S. 13 (1)(1a)of Hindu Marriage Act, the husband is well advised to contest the divorce suit. Matrimonial cruelty could amount to an offence under S. 498A IPC. 6. Though the wife is living in Canada, she continues to be a Hindu and an Indian and would be governed by the Indian laws. 7. The marriage certificate obtained in India is a valid proof of marriage for the husband to take steps at the appropriate time.
(Expert) 10 April 2012
A great answer by Dr V. Nageswara Rao!
(Expert) 11 April 2012
I also endorse view of V Nageshwara Rao.