How to file divorce in India from Canada, step by step

How to file divorce in India from Canada: the steps

1. Confirm jurisdiction under Section 19. See can I file from Canada.
2. Settle terms if both agree: maintenance, custody, property in both countries.
3. Sign the petition and affidavits before a Canadian notary, then obtain an apostille from the provincial authority or Global Affairs Canada, or sign at the High Commission or a Consulate General of India.
4. Sign a power of attorney for someone in India to file and attend routine dates.
5. Stamp the documents in India within three months of arrival.
6. File in the family court with jurisdiction.
7. Serve the spouse, in Canada if they live there.
8. Appear for consent or evidence, in person or by video as the court allows.
9. Obtain the decree and a certified copy.

How is a spouse in Canada served?

Canada and India are both parties to the Hague Service Convention, so formal service can go through the central authority. Courts may also allow other modes, such as courier and email, by order. Proper service protects the decree from later challenge.

Can hearings be attended by video from Canada?

Courts have allowed video appearance in suitable cases, especially for mutual consent. India is nine and a half to twelve and a half hours ahead of Canada, so hearings during Indian court hours fall late at night or early morning in Canada.

After the decree

• Get certified copies for records in both countries.
• Ask a Canadian lawyer about recognition before remarrying in Canada.
• Update passports, bank records and property records as needed.

Next steps

See NRI divorce lawyers for Canada. We handle the Indian side online from Sanpada, Navi Mumbai.