You cannot marry under the provisions of special marriage act during subsistence of earlier marriage 

2) you need divorce decree and then remarry 

3) marriage between Indian and foreigner has to be solemnised under provisions of special marriage act 

Hello, 

yes you can marry her but only after the divorce. Since to the best of my knowledge even the personal laws does not allow second marriage during pendency of the divorce and in case the personal laws allows the same then you can marry the girl even during the pendency of the divorce. 

regards 

- As per law, a Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.

- Further, if the matter is contested between parties in Canada Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India. 

- If, the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by Canada Court will not be applicable in India. 

- Further, Ex-parte decree of Divorce granted by Canada Court will also not be recognized by Indian Court.

- Hence, if you got ex-parte divorce decree from Canada , then that decree will not valid in India , and further you cannot registered your marriage under the Special Marriage Act , here in India even being a Muslim. 

- Further, for the visa purpose , a registered marriage certificate is mandatory. 

Yes you can marry the foreigner and get to Canada but need to follow the law of the land for the said marriage. In India you can get married understand special marriage Act and outside india through foreign marriage Act. 

As you are a muslim, In India you can marry again while your marriage still exists with the previous spouse. But in Canada i don't think that it is the law. In India you can marry again how will you show the marriage as legal in Canada?? Therefore wait while the divorce is finalized and decree issued. As far as India is concerned you can marry. Keep her in India till your divorce is final and then bring her to Canada as your wife.

Being a PR of Canada, you yourself can be considered as NRI for the purpose of your residential status.

Thus as a NRI you can get married to an Indian in India under the provisions of special marriage act only and not under the Muslim personal law.

If you are desiring to marry a a foreigner other than India, then you can get married to her in Canada itself as per Canadian laws.

Dear Client,

                 Yes, a person holding tourist visa in India can get married in that duration in India. It is advised that you get your marriage registration in India. Unfortunately there is no specific spouse visa in India.Yes, non-citizens can marry within the US. Keep in mind that marriage does not change your immigration status and the marriage may not be recognized in your home country. To get married in the US, you simply need the proper identification to apply for a marriage license in the county in which you are to be married.There is no specific visa called Spouse visa for India. For any foreigners married to Indians, you can get an Entry visa (X) through any of the FRROs in India. This visa doesn't give you any rights to be employed or do business, but you can stay for a long term in India on this visa.If your priority is to become married as soon as possible, it will generally be quicker to marry outside the United States. Obtaining a K-1 visa, typically the fastest way to the U.S., will take approximately 5-10 months. So visiting the fiancé in his or her home country will usually be faster.

In 1954, the Indian Government enforced the Special Marriage Act. The act under Section 4 provides that “any two persons” can marry under the Special Marriage Act, 1954 Therefore, even a foreigner and an Indian can get their marriage registered under the aforementioned act.Any person, irrespective of religion. Hindus, Muslims, Buddhists, Jains, Sikhs, Christians, Parsis, or Jews can also perform marriage under the Special Marriage Act, 1954. Inter-religion marriages are performed under this Act.Court marriages in India have given an opportunity for individuals to solemnize their marriage procedure, regardless of their nationality. The Special Marriage Act governs the court marriage process and documents required to partake in the marriage.

Thanks & Regards

Talq-ul-Biddat (triple Talaq) is banned by Muslim Women (Protection Of Rights On Marriage)  2019. You can give her Talaq-Ahsan which  is legal. You need to make a single pronouncement of Talaq during Tuhr (period of purity). After single pronouncement wife has to observe three iddat (90 days), subsequent  to which  Talaq becomes final.

1. Visit Kazi of your local Masjid with two male adult Muslim witnesses.
2. Produce id proof all witnesses wife and husband.
3. Produce Nikahnama and photographs of all.
4. Kazi will issue notice of Talaq to wife.
5. Talaq will become final after three Tuhrs.
6. Make a divorce declaration  on bond paper of 100 rupees.
7. Obtain Divorce Certificate from Government Quazaath, Qule Mohammed Nagar, H. No. 1-4-716, Badi Masjid, Quazi Galli, Bholakpur, Hyderabad.

You are free to marry again.