Married in India, The respondent didnt appear or appointed any lawyer, and the decree was passed, can she now contest in any of the Indian court, can I go a head and get married again .
2007-11-21 22:32:11 · 2 answers · asked by vinod c 1 in Family & Relationships ➔ Marriage & Divorce
Yes she can definitely contest this Canadian Divorce Decree in India & even get an order declaring this divorce decree invalid in law as applicable to such foreign decrees in the Indian courts. If she succeeds in her legal contest regarding this divorce dercee, your marriage will not be considered as dissolved in law & you won't be able to marry again legally. If you marry again ,your first wife will be having complete legal right to file criminal complaint against you for bigamy, back home here in India & for which you will have to come here & contest that criminal case, if found guilty you can face imprisonment upto seven years & fine for this offence. This the brief legal position in your case, however there are lots of "ifs" & "buts" remain to be answered in such case which won't be possible for me to answer here & follow up to be taken by you to save gaurd your interest,which I'm sure Ontario lawyer did not inform you as they themselves may not be aware of the latest Indian law & legal position.
2007-11-21 22:47:44 · answer #1 · answered by vijay m Indian Lawyer 7 · 4⤊ 0⤋
No. It does not work. Courts have Jurisdictions. This is mainly because, the courts function with in certain set of laws which may or may not be suitable for various countries, religions, cultures, trades, etc. So, it is not mandatory that the judgement from a court may be accepted by the other courts. For any cases, there are appeals. Even if the divorce is applicable in Indian court, if the party goes for an appeal, the file will be reopened for hearings.
So, a judgement in Canada WILL NOT have its say in India.
2007-11-22 07:38:50 · answer #2 · answered by Anonymous · 0⤊ 0⤋