- You can file in India from Canada if an Indian court has jurisdiction under Section 19.
- If your spouse lives in India, you can usually file where they live.
- If both of you live in Canada, you can file where you married or last lived together in India.
- Canadian law generally recognises foreign divorces on its own conditions; a Canadian lawyer should confirm.
On this page
Can I file divorce in India from Canada: the jurisdiction test
| Your situation | Where you can usually file in India |
|---|---|
| Spouse lives in India | Where the spouse lives, or where you married |
| Both in Canada, married in India | Where the marriage was solemnised |
| Both in Canada, last lived together in India | Where you last lived together |
| Wife files after returning to India | Where she now lives |
Which law applies?
The law you married under: the Hindu Marriage Act for Hindus, Sikhs, Jains and Buddhists, the Special Marriage Act for civil marriages, the Divorce Act, 1869 for Christians, and Muslim personal law for Muslims. Living in Canada, or becoming a Canadian citizen, does not change it.
Will Canada recognise an Indian divorce?
Canadian law generally recognises a foreign divorce where either spouse was ordinarily resident in the country that granted it for a period before the case began, or on other recognised grounds. An Indian decree obtained where one spouse lives in India will often satisfy this, but a Canadian family lawyer should confirm before you remarry or deal with property in Canada.
What if your spouse already filed in Canada?
An Indian court can still hear a case within its jurisdiction, but a Canadian divorce will be recognised in India only on the conditions in Section 13 CPC and the Narasimha Rao ruling. If both cases run, get advice on which to pursue so you do not end up with conflicting orders.
Next steps
For the filing steps, see filing for divorce in India from Canada, and for the wider picture, NRI divorce lawyers for Canada.
Founder and Managing Partner, VIVS Legal. BLS, LL.B, LL.M, PGDBM, JAIIB.
