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overseas divorce


Mine was a hindu marriage, registered in canada, where i am a citizen of canada and my spouse an indian citizen. We have decided to part ways and have been living apart for a year. earlier we had decided to file joint divorce but now my ex has decided not to cooperate.

As per laws here, I have an option to file divorce, if i am able to issue summons and verify she has recieved it, in that case even if she decides to not cooperate she cant stop the divorce petition being granted, especially as there are no children involved.

My marriage has not been registered in india, so will my divorce if approved be valid in India

 
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Advocate

 

Hindu marriage under the Hindu Marriage Act, 1955 by virtue of section 2 of the Act, applies to Hindus who are domiciled in India and you are citizen as well domicile of Canada, so this Act shall not apply to you.

Secondly you state you had Hindu marriage where? In India or in Canada? If in Canada you solemnized Hindu marriage still your marriage got registered in Canada that must be Civil marriage that you must have done after the Hindu marriage ceremonies which must have got registered there. In that case you have right to seek the dissolution of your marriage from Canadian court that will be valid anywhere in the world, including India.

 Even if you had Hindu marriage ceremonies in India that was not registered in India, the Hindu marriage in India will be covered under the Hindu Marriage Act,1955 for your wife who is Indian citizen and domiciled of India but not for you as you are not domiciled in India, in this case too for you the divorce in Canada will be valid by all means anywhere in the world including India and even if your wife challenges the validity of the decree of Canadian court in Indian court as the same was not obtained under the Hindu Marriage Act,1955, for you that will not be problem as your case is clear for the reason mentioned above, you will be free man and move ahead in your life.


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Lawyer at Supreme Court of India

Sir, It will be applicable in India. Warm Regards Kapil Chandna Advocate 9899011450

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@ Vijay Raj Mahajan

Thanks Sir, Very much appreciate your input, you have put my mind at ease.

You were right in the first instance, hindu marriage ceremony was conducted and later registered in court.

Looks like i have a stress free life ahead, Thanks All

 

 
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LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER

I am of the personal view that Hindu Marriage Act is applicable if both the parties are Hindus and it that was the case, I agree with the view expressed by the experts herein above.


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You should intiate Divorce proceeding in Canada because You are citizen as well as permanent domicle overthere. So Don't worry about the Indian Divorce.

Where is your wife now?

Any further suggestions or queries please mail me at 498alawyers@gmail.com  and visit my Web Site: www.498alawyers.com


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Originally posted by : MANISH KUMAR GUPTA
You should intiate Divorce proceeding in Canada because You are citizen as well as permanent domicle overthere. So Don't worry about the Indian Divorce.

Where is your wife now?

Any further suggestions or queries please mail me at 498alawyers@gmail.com  and visit my Web Site: www.498alawyers.com

Hello Sir,

Thanks for your input, wife is currently in india, not sure if she plans to returns. She has been living in canada, under my sponsorship partner visa and i am thinking of cancelling it as we are no longer togather. I have so far not done it as i didnt want to cause problems for her, once i cancell she can no longer work or stay in the country.

Also i feel she may try and put false dowry claims against my family, even though my parents nor i have requested or received any dowry from her family. Is it possible ?

Appreciate any input.

Thanks and Regards

 
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Originally posted by : A.A.JOSE BARODA
I am of the personal view that Hindu Marriage Act is applicable if both the parties are Hindus and it that was the case, I agree with the view expressed by the experts herein above.

Thanks Sir, Is there any difference as she is a hindu and i am a christian

 
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Advocate

Yes if your wife is Hindu and you Christian than your Hindu marriage itself is null and void. For you Hindu Marriage Act will not at all apply not because of your Canadian domicile but your religion too. Only the civil marriage is valid for you if that was solemnized in Canada.

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Advocate/Attorney

==When your marriage has been performed in Canada, the concept of Hindu Marriage Act will not arise, as there is no such Act in Canada.  The Marriage and Divorce rules are very liberal comparing to Indian Culture and Act.  Even if your wife does not cooperate, you can file divorce petition and get divorce from the court, subject to giving notice to her.  If she receive the notice, it is enough. The notice should be served in Canada. She cannot stop the divorce.  But she can claim her share of property from your property according to your country rules. Better check up in the concerned court how much you have to shed.  Once you get the divorce, you can use in any other country including India.

If she is in another country, the procedure of serving notice will become complicated.  You can contact me 7893011777.  I will explain you in detail.   

 


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