Legal Question in Family Law in India

Hi respected Sir/ Maam

Please enlight me on the following legal question

I'm a nri citizen of canada. me and my wife got married 4 yrs back in India under Hindu Marriage Act, i stay with her for four months of marriage then i left for canada and promised to call her to canada. we were in touch for 1 year. but later i stop talking with her.from the idle court of ontario i got divorce with her for non cohabition for 3 and half year??? but now she has filed counter suit in chandigarh district court for restitution of conjugal rights ??

Asked on 10/16/13, 8:48 pm

3 Answers from Attorneys

Santosh Goswami,Advocate sure shot legal

Whether your wife stayed with u in Canada? If not, then the Court in Canada may have faltered in granting u divorce. The court at Chandigarh has still the jurisdiction to entertain the petition since she has not stayed with u in canada. Although, court in India is bound by the judgement of any competent court of jurisdiction. If the canadian court has rightly exercised its jurisdiction, than it will be binding on Indian Court and petition for RCR ill not sustain. Let me chech the jurisdiction.


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Answered on 10/16/13, 9:01 pm

Rajiv Gupta +91 9811284735 KarVai Legal Solutions(

The decree of divorce passed by ontorio court is only valid in canada but in india it has no validity.u need to file a suit in india for authenticating a decree passed by canadian courts and also defend RCR filed by her in chandigarh

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Answered on 10/16/13, 10:42 pm
Rajiv Chandhok Ph: +919810050896

Defend RCR before she files criminal cases against you and your family. You may also drop a detailed query at [email protected]

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Answered on 10/16/13, 11:03 pm

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