Validating a foreign court's divorce decree if both parties agree
I got married to a Canadian citizen of Indian origin last year in India itself. Before my visa could come through he decided that he didn't want to stay married to me anymore and filed for divorce in Canada in April this year before informing me about it. I have never been to Canada. He sent me the application one month after it was filed but I did not respond to it. The application was filed on grounds of Separation for more than one year. The Canadian court has granted him the divorce and he sent me a copy of the certificate of divorce through email 2 days ago.
I have no problem with the divorce since I don't want to be associated with him anymore anyway. He is not willing to file for mutual divorce in India. Is there any way I can get the Canadian divorce certificate validated in India? I am staying with my parents and I want to apply for voter card and ration card but the authorities aren't willing to issue me those without a divorce certificate. If the Canadian court decree is not valid in India and if he refuses to file for mutual divorce then what are my options for obtaining a legal divorce on my own? I believe I can file for divorce on grounds of desertion but only after 2 years have passed since the desertion. Is there a quicker way out?
PS- We are both Hindus, the marriage was registered in Chandigarh, we don't have any children.
Asked 5 months ago in Family Law from Chandigarh, Chandigarh
1) you can file petition in India before family court in chandigarh for declaration that marriage has been dissolved by divorce decree passed by Canadian courts
2) court would issue notice to your husband
3) if no objection is received you would get order from family court that marriage has been dissolved by decree passed by candian court
The Canadian decree of divorce is valid in India unless it is declared as illegal by an Indian court. He cannot challenge the decree which he himself sought and has been granted to him. It can be challenged by you alone. If, however, both spouses agree then a petition for declaration of legality of the Canadian decree can be filed in India, which can be decided in less than 6 months.
Under the special marriage act 1954 you may file a petition for divorce on the ground of cruelty only after one year of your marriage. You have not specified when last year your marriage took place i.e the date and month .However,if less than one year has elapsed ,then please file a petition for judicial separation under sec. 10 of HMA or relevant sec of SMA as the case may be on the basis of Canadian divorce decree. Your husband has completely withdrawn from the matrimonial society and this amounts clearly an established case of cruelty (case ref. Karuna v. Jivan Prakash. AIR 2002 HP 127).
2. The Court decree granted for judicial separation will be good enough for you to be considered for getting ration card etc. Besides, you may convert your application at any stage after one year to divorce under sec 13 of HMA.
3. Although one year period is specified for seeking divorce, there are judicial pronouncements that this period being waived in curtain circumstances and your case appears to qualify for the same.
4.Please consult a family lawyer of your area and proceed in the matter.