Legal Question in Family Law in India

Divorce granted by a Canadian Court

I am a NRI. I got married in India. I obtained a divorce decree in Canada. the divorce in Canada was un contested and at the time of divorce by ex wife was in India.

Is this divorce valid in India?


Asked on 8/06/08, 7:45 pm

5 Answers from Attorneys
ujwala mandgi anantmandgi&associates

Re: Divorce granted by a Canadian Court

If your wife has not submitted to jurisdiction of canada courts this Divorce will not be valid in India.

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Answered on 8/08/08, 2:07 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Divorce granted by a Canadian Court

This is also known as "Nevada divorce" which is considered a fraud on legal system and has no validity in India.

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Answered on 8/06/08, 8:04 pm
Lawbird in Delhi Taneja Law Office

Re: Divorce granted by a Canadian Court

There are certain conditions laid down in a Supreme Court judgment which make or demolish the validity of the said divorce.

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Answered on 8/06/08, 9:42 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Divorce granted by a Canadian Court

Yes

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Answered on 8/08/08, 2:20 am
Pravin Vaidya Independent

Re: Divorce granted by a Canadian Court

Wife can certainly contest Ex-parte decree.Moreover judgements by foreign court are per se not enfoceable unless wife has given consent to it.

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Answered on 8/12/08, 10:35 pm


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