Indian Muslim Personal Law and American Divorce papers question.... :(

[bekind]

Greetings all

Thank you for everyone here who is helping each other.

I'm an Indian citizen and PR of Canada. I recently went to India and got married there. I'm about to file PR papers to sponsor my new wife. Both myself and my spouse are divorcees. I have two questions and I hope some of you can give your opinion.

1. I was married to an American citizen in the past and have divorce papers issued through a court in the U.S. Do I need to submit proof of final decree issued by court only or entire proposed divorce agreement that was filed while applying for the divorce? Also does photocopies suffice or do I need to get them notarized / attested (insanely expensive here in canada!).

2. My wife was married in India and had obtained divorce through out of court settlement done by lawyers. This is legal in India according to what is known as Muslim Personal Law. However, this may or may not be recognized by some countries outside. Getting a court decree would take ages there I'm told. Her ex husband was an extremely abusive and she does not want to have anything to do with him or go through the trauma again. Does anyone know if it will suffice if she is able to procure a Magistrate's letter (like To whom so ever type doc) confirming that her divorce is valid in Indian law and if she gives an affidavit.

Please give your opinion. We did not think about this before... its causing a lot of hardship and we dont even want to think about delays at this point of our lives.

Thanks for reading and appreciate your answers.

All the best to everyone.

- M.A.

 

[thalha]

Dear Mr.M.A;

You have not mentioned which religion you belong to.

Presuming that you are a Muslim, I would like to say as far as the divorce of your wife is concerned, the declaration of divorce by the husband will be valid in law. Indian law recognises a few types of divorce as sanctioned under the Shariath. 1) Single pronouncement of talaq when the wife is free from menstrual course followed; 2) Three such consecutive pronouncements; 3) Declaration thrice of the word "Talaq" at a stretch.

First is called talaq ahsan, the second is called talaq hasan and the third talaqul bidat.

Last form is less approved in India. Courts do discourage such a divorce now a day, though it was recognised earlier.

Any how for your purpose your wife's husband ought to have signed the declaration of divorce. In such a case it would stand desite the fact there is no court decree. No court decretal order is necessary.

However as you have mentioned, some countries may require a court decree. In such a case you can explain to them with a legal opinion and/or an affidavit confirming the divorce. Even then if they still insist upon a divorce order, then the only way open to you is to move the court of law to make out your case.

For a more detailed views about Indian divorce discussion, you may see the Lees Divorce pages.

Abu Thalha