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Author Topic: Divorce Laws In Canada / India  (Read 106 times)

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Offline johnxela

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Divorce Laws In Canada / India
« on: November 06, 2018, 11:56:02 PM »
I got married in Oct 2015 and separated in 3 months. It was a Christian marriage. I got a job in Canada in 2017 and work and continue living there without my spouse.

Canadian laws state that one can apply for a divorce after being an ordinarily resident for a year. I applied for one. The divorce process had to issue a notice of family claim to my spouse stating the terms of divorce .

My friend delivered the notice to my spouse, to which she signed and agreed to the terms of divorce ( we didn't have children and she didn't want any settlement from me) . Since she responded to the said notice, the Canadian courts treat it as a contested divorce(compared to a desk order divorce where a Judge won't be involved) and I have to appear before a Judge to get my final divorce decree.

My question is would this be considered valid in India ( when a spouse lives in India and consents to a foreign court). Do we need to validate such a divorce order in India again ?

The divorce in Canadian courts ( even though it's mutual ) is on the grounds of separation ( minimum 1 year ) . Would such a divorce be valid ?

Offline kalaskarkk

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Re: Divorce Laws In Canada / India
« Reply #1 on: November 07, 2018, 06:48:16 AM »
Dear Sir,
you may go through the following judgments which enlighten you.
Important Case Laws related to NRI marriages:


« Last Edit: November 09, 2018, 08:30:25 PM by admin »
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

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Re: Divorce Laws In Canada / India
« Reply #1 on: November 07, 2018, 06:48:16 AM »

 

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