Legal Question in Family Law in India
My brother got married in India [1993] and both moved to Canada with kids and presently are Canadian citizens.
Now they got divorced [mutual consent] in Canada. Wish to how to make the divorce effective in India. How to deal with following situation:
i) If the spouse [wife] is not in India, how Indian court will complete the case.
2) Can notice can be served on their parents and complete it ?
3) Her parents may move abroad, in that case how the case will be conducted ?
4i) Will Indian court complete it ex-parte ? How long will it take?
Thanking you in advance for the opinion. Regards, Kumar
4 Answers from Attorneys
you have to execute the canada decree only and for that court will summon both the petitioners and may exempt other party or if she submit affidavit after attesting from indian ambessay.
Regards
Since both spouses are Canadian citizens, there may not be any need to execute the decree in India except in certain factual position.
For a detailed legal paid opinion detailing how there is no need to execute the decree in India you can email the divorce petition and the judgment and decree of Canadian Court to me.
regards
S.Seshadri
Advocate
emails: [email protected]
the process is pretty simple.
the petition needs to hire a lawyer in india where they last resided together. the petition needs to send a power of attorney in favour of his lawyer duly notarized by a notary public in canada. then the lawyer would file the suit here in india for declaring that the decree passed by canadian court be declared as valid in india. then the notice would be served to the respondent back in canada. even he or she can follow the same process by hiring a lawyer through power of attorney and also send their written consent to passing of decree.
If divorce in Canada has been obtained by mutual consent, then where is the occasion for any legal roceeding in India? You may explain who has filed the case in India and what is the stage