• Canadian supreme court’s decision was declared null and void by Supreme Court of India

I was married in India in 2009 but my spouse never came to Canada . I took my divorce from Ontario court in 2016. As per family law in Canada my child was given child support and my ex wife took one time final settlement. Now she went to Supreme Court for her , asking monthly support. Supreme Court has made all the decisions given by the Canadian court as null and void . My question is I paid final settlement amt. 54000$ (can) child support since he was born 110000$ and also paying every month 1100 child support. What should I do now. If the decision was null and void means I am still married and paid all these amour for nothing. India court is asking to give my ex wife monthly allowance. Also I want to make my divorce legal in india as well . Please help.
Asked 3 years ago in Family Law
Religion: Hindu

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9 Answers

Dear client,  

It is important to understand that family law matters can be complex and can vary depending on the jurisdiction. It is also important to understand the implications of the decisions made in one jurisdiction on matters in another jurisdiction. In your situation, it may be beneficial to seek the advice of a family lawyer who is familiar with the laws in both Canada and India.

In general, if the Supreme Court has declared the decisions made by the Canadian court as null and void, it may be necessary to revisit the issue of child support and the final settlement. You may need to seek the advice of a lawyer to determine what steps you need to take to address this issue.

Regarding your desire to make your divorce legal in India, it may be possible to do so by obtaining a divorce decree from an Indian court. You may need to consult with a lawyer in India to determine the specific requirements for obtaining a divorce decree in India.

 

 

 

Anik Miu
Advocate, Bangalore
11015 Answers
125 Consultations

All foreign Judgements are not acceptable in India . Indian legal system and Canadian are different in Family law. 

The Indian Legal System categorizes Foreign Judgments and Awards from all the quarters of the world into two groups Viz. (a) Judgments and Awards coming from the ‘Reciprocating Territories’ of India and (b) Judgments and awards coming from the ‘Non-Reciprocating Territories’ of India. 

"Any country or territory outside India which the Central Government may, by notification in the Official Gazette, declare as a reciprocating territory."

The court explained that Section 13 of the CPC provides substantive law and is an enunciation of the well-established private international law principle that a court will not enforce a foreign judgment of a competent court.

For enforcing a foreign Judgment or an Award from a ‘Non-Reciprocating Territory’ of India, a fresh suit in an Indian Court with appropriate Jurisdiction needs to be instituted. Further, Judgments from a ‘Non-Reciprocating Territory’ only have evidentiary and persuasive value in the eyes of India Judiciary and they must be filed for enforcement within three years from the day when they were originally passed.  No doubt that Foreign Judgments from Non-Reciprocating Territories need to pass through the sieve of Indian Judiciary but the sieve used is broad and spacious enough to allow the sink in of ‘the cause of Justice’ upheld by the courts of Foreign Countries.

Exparty decree obtained by Canadian court is not binding on Indian court. So  person who seeks the benefit of Indian court should file the petitions in India for getting a remedy for his grievance

If the supreme court find that decree from Canada court is null and void then it has no legal value in India .You can claim the amount which you transfer to wife and benefit of Children in Indian court if you have proof for transaction . 

 

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

What were grounds of divorce ?

 

if divorce e was passed by mutual consent divorce decree would be valid in India 

 

it is necessary to peruse orders  passed by SC to advise 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

This is a complicated matter encompassing both Canadian and Indian laws. In Canada, a court may reverse a previous court order, as is the case with your situation. It is highly recommended to seek advice from a Canadian family lawyer to learn about the implications of this decision. To fully understand the legal requirements for a valid divorce in India, and the implications of the prior Canadian court order, consulting with an Indian lawyer is advised.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Since your wife was not provided to put forth her defence in the Canadian Court, the divorce granted to you in Canada is not recognised in India.

2.  You have to apply for divorce in the jurisdictional Court in India. At that time you can show the evidence of you having paid towards child support and one-time final settlement to your wife.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

If the Canadian divorce was declare invalid in India, then you cannot do anything about it in India.

Since you paid her the amount at Canada that too in Canadian $, hence you can approach Canadian court alone if you want to recover the amount you already paid.

Indian court cannot interfere in the Canadian court's decision about maintenance grant to her.

If she has filed any petition before an Indian court, then you can produce the documentary evidences to prove that you have already settled a huge amount to her in the form of maintenance.

This will enable Indian court to decide against her maintenance claim.

If your divorce decreed by Canadian court is held as invalid in India,m then how do you expect a favorable reply for this question i.e., to make your divorce as legally valid in India?

 

 

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

You need to validate the said divorce in India to get the admissibility in India. You can bring the same on record and deny the maintenance to her. Child support is your obligation too along with wife as same is your child 

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

In India foreign court order is not valid. Only mutual consent divorce is valid. In past instead of Canada court order you could have manage to take Mutual Consent Divorce that could have better.

 

Now you can give evidence of amount paid to your wife and child till now. And ask SC to compensate already amount with current decision.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

From what you have stated it seems the divorce was on mutual consent, which is legally valid in India. Engage a competent lawyer and file an appeal within the timeframe against the SC order.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

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