Will a Canadian Divorce Certificate Be Recognized in India for Remarriage?

Community Forums Legal Advice India Will a Canadian Divorce Certificate Be Recognized in India for Remarriage?

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    • #41129 Reply
      User_c5ffd5cd
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        User_c5ffd5cd
        PARTICIPANT
        March 6, 2025 at 12:56 am
        My spouse and I were married in India, but we are now Canadian citizens. We have mutually agreed to divorce and have recently started the legal process in Canada. Once the Canadian court issues our divorce certificate, will it be recognized in India for remarriage purposes in future?

      • #41132 Reply
        Silentseeker4914
        Participant
          S
          Silentseeker4914
          PARTICIPANT
          March 6, 2025 at 4:01 am
          Hopefully it will, but in case it does not you guys can file a petition mutual divorce petition in India also and get divorce decree.

        • #41131 Reply
          Prorider4116
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            P
            Prorider4116
            PARTICIPANT
            March 6, 2025 at 9:16 am
            If both of you are mutually getting divorced where both are involved in the process, then it is allowed in India. But only if one of you is getting a divorce against the other without her/his involvement in the proceedings, then it will not be considered by the Indian courts. In some of the countries they do have one-sided divorce or ex parte orders given.

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            **Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.

            • #41133 Reply
              User_c5ffd5cd
              Participant
                U
                User_c5ffd5cd
                OP
                March 6, 2025 at 12:45 pm
                Thanks for the comment, do you know, what would be the process for a Canadian mutual divorce certificate to be accepted by Indian authorities, does it need to be apostilled here in Canada and taken to Indian consulate as well?

            • #41130 Reply
              Ashishmaster940
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                A
                Ashishmaster940
                PARTICIPANT
                March 6, 2025 at 5:55 pm
                Canadian divroce decree would be recognised in India under the principle of comity of courts. Get the document apostiled in the embassy for validity in India.

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