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Vidya Kopanar (sdfsd)     22 May 2017

Is divorce in canada is valid in india?

My friend got married in india to a Canadian citizen few years back and moved to Canada. Recently she got divorce from him in Canada. She has Indian citizenship. Her marriage was registered in India.
1. What procedure she has to follow in India to get her marriage deregistred in India.
2. Does she need to file a divorce case in India too?



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 6 Replies

Ms.Usha Kapoor (CEO)     22 May 2017

If  a couple willingly asubmit to a foreign courts jurisdiction in a foreign country to obtain divorce mutually granted by the foreign court it is valid in India according to many iNDIAN hIGH COURTS AND ALSO SECTION 13 CPC.

Sachin (N.A)     22 May 2017

Originally posted by : Vidya Kopanar
My friend got married in india to a Canadian citizen few years back and moved to Canada. Recently she got divorce from him in Canada. She has Indian citizenship. Her marriage was registered in India.
1. What procedure she has to follow in India to get her marriage deregistred in India.
2. Does she need to file a divorce case in India too?

 

Foreign divorce is valid , unless challanged in india.

If they both accepted the divorce of canada there is no need to approach indian courts


(Guest)

It depends upon hague convention treaty.  Not all divorces taken abroad are valid in India. Check with local counsel.

Ms.Usha Kapoor (CEO)     22 May 2017

. Mutual divorce grated to an Indian couple by foreign court in a foreign country is valid  IN  iNDIA iF BOTH OF THEM WILLINGLY SUBMIT TO THE FOREIGN COURT'S jURISDIC TION TO A dIVORCE pETITION.. This is          accordibng to many High  courts in INDIA AS WELL AS SECTION 13   c.p.c

Kumar Doab (FIN)     22 May 2017

Divorce granted on grounds acceptable in India should get accepted.

Apparently there is NO dispute and contest.

 

Dr J C Vashista (Advocate)     22 May 2017

It is valid.


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