Is the fact that a marriage annulment is in progress (8 mo) in India, sufficient to stop a divorce in Canada?

I am an Indian citizen working in Canada. My marriage annulment is in progress in an Indian court (~ for 8 months). My wife is not co-operating in this process and now she has initiated a divorce process in Canada. Is the fact that a marriage annulment is already in progress in India, sufficient to stop a divorce proceedings in Canada? At what juncture should I let the Canadian court know about this situation? Will a letter from my lawyer in India be useful?Is the fact that a marriage annulment is in progress (8 mo) in India, sufficient to stop a divorce in Canada?
Whether it is divorce or annulment court proceedings in the matrimonial case both are for the purpose of dissolution of marriage.


One party filed for annulment of marriage by decree of nullity in Indian court where the marriage was solemnized while the other party moved foreign court Canadian Court for dissolution of marriage by decree of divorce.


Basically the laws of the land as it stands today as has been laid down by the Supreme Court of India in Narsimharao case that the Indian marriage should be dissolved by Indian court only %26amp; even if the foreign court issues any decree of divorce or nullity that decree is open for challenge in India %26amp; may be declared null %26amp; void on technical/legal grounds reasons as provided under section 13 of the Civil Procedure Code.


The question of getting Indian court order restraining the other party to proceed in a foreign court for divorce again has two different aspects, whereas the High Court of Delhi agreed %26amp; issued restraining order in one such matter whereas the Punjab %26amp; Haryana High Court refused to follow the Delhi High Court judgment for doing so. The Canadian court in no manner bound by order of Indian court if the Indian court passes order of restraining the Canadian court for proceeding in divorce matter, the order of restrain can be passed against the person not court.


To inform the Canadian court of proceedings of similar matter in Indian court can only slow down the proceedings in Canadian court not stop it.


In the present case if the wife wants to continue with her divorce proceedings in Canada %26amp; use the decree of divorce issued by Canadian court in future in India, she may not be able to do so if the Indian court till that time had not dissolved the marriage by decree of nullity or divorce as the case may be.


The best solution is that wife should walk out of Indian court proceedings, let the matter be proceeded ex-parte against her by Indian court, than the husband will get decree of nullity easily from Indian court while the wife gets the decree of divorce from Canadian court where the husband need not file any defence %26amp; let that matter get decided ex-parte.


In this manner both will be having decrees issued by two different courts in their favor, thus dissolving their marriage.





In your case the real question is not of dissolution of marriage but division/distribution of property in question where she would like order of equal share in your property from Canadian court which Indian court will not be able to give as no such provision for division/distribution of individual property of the spouse exist under the Indian Statute applicable to you.


You guys are too happy to marry in India with Indian person %26amp; move out to foreign country wherein exist the concept of pre-nuptial agreement between the parties to marriage with regard to the division/distribution of their individual properties in case of dissolution of marriage. You all should follow %26amp; go in for such pre-nuptial or post-nuptial agreement with regard to your properties so in case of dissolution of marriage even in the foreign country you can secure your individual property from being divided/distributed between both of you, the property of individual become community property if no such agreement exist %26amp; get divided between both each getting equal share in it.Is the fact that a marriage annulment is in progress (8 mo) in India, sufficient to stop a divorce in Canada?
You should let the canadian court know as soon a possible about the annulment case in India. Canadian court will grant divorce very quickly, possibly on first court date if you don't respond. At that point, it would be very hard (and expensive) to revere that.





You can't really stop Canadian divorce if it is anything like US divorce. You can delay it by few months at most.





Why not let her get divorce in Canada and not worry about annulment procedures in India (which can take long long time)? If you don't contest validity of Canadian divorce, it would be valid in India a well.