Ryan David 31 August 2018

Overseas divorce validity

Hello All,

I am a canadian citizen, holder of OCI and got married in Canada, after 6 months i realized my wife was with me for only obtaining residency in Canada and would have left me once she got the same. I decided to end the relationship. She is now in India, as her attempts to obtain residency based on our marriage has failed and Canadian courts have granted divorce. She was notified of the proceedings. Our marriage has never been registered in India nor have we stayed as a couple in India. Our separation happened before we could make the trip to my ancestral home. I have not recieved any Dowry from her or her family. Infact my parents have given her money and ornaments as gifts.

My query is that if my divorce is valid in India and is there any need to validate it.

I plan to travel to India in two months to meet my parents. I have heard of LOC filed againt men and not being allowed to leave. Please advice how to protect myself against it.

thanks to all in advance

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Adv Deepak Joshi +917017821512 (Advocate) 31 August 2018

Dear querist,

Indian Judicial System has a reasoned and internationally acceptable approach for validating foreign judgments and decrees. Under Sec 13(a) of Civil Procedure Code, 1908 a foreign judgment is conclusive in any matter which has been adjudicated by a court of competent jurisdiction except in certain circumstances. Also Sec. 41 of Indian Evidence Act, 1872, provides that a final judgment of a competent Court in the exercise of matrimonial jurisdiction is conclusive proof that the legal character which it confers or takes away accrued or ceased at the time, declared in the judgment for that purpose.

The List of the Reciprocating Territories as per the Provisions of Section 44 A of the Code of Civil Procedure, 1908, is as under :

1. United Kingdom

2. Aden

3. Fiji

4. Republic of Singapore

5. Federation of Malaya

6. Trinidad and Tobago

7. New Zealand, the Cook Islands (including Niue) and the Trust Territories of Western Samoa

8. Hong Kong

9. Papua and New Guinea

10. Bangladesh

11. United Arab Emirates