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Marriage

ankar

Star Member
Jul 3, 2019
123
71
I recently got married in India (Hindu marriage) and now in Canada (with my wife). Both of us were PRs before marriage. We did not register our marriage in India; we thought it would be easier to do that here (perhaps wrongly). Just wanted to know what needs to be done in Ontario with respect to a legal acknowledgement of marriage.
 

k.h.p.

VIP Member
Mar 1, 2019
8,810
2,250
Canada
If you don't have a legal marriage certificate, you're not married. A religious ceremony alone is not sufficient in Canadian law.

So, you'll need to get married again - a court marriage, or a marriage performed by a commissioner.
 

ankar

Star Member
Jul 3, 2019
123
71
If you don't have a legal marriage certificate, you're not married. A religious ceremony alone is not sufficient in Canadian law.

So, you'll need to get married again - a court marriage, or a marriage performed by a commissioner.
That is fine. Is the process cumbersome and does anyone else besides the two of need to be involved (like witnesses)?
 

babsizkil

Hero Member
Dec 18, 2016
522
98
I recently got married in India (Hindu marriage) and now in Canada (with my wife). Both of us were PRs before marriage. We did not register our marriage in India; we thought it would be easier to do that here (perhaps wrongly). Just wanted to know what needs to be done in Ontario with respect to a legal acknowledgement of marriage.
In Ontario, there are two type of marriages; religious and civil marriage.For civil marriage requirement, you need to check with a local city hall, town hall or municipal office. The following website will help you more: https://www.ontario.ca/page/getting-married
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
I recently got married in India (Hindu marriage) and now in Canada (with my wife). Both of us were PRs before marriage. We did not register our marriage in India; we thought it would be easier to do that here (perhaps wrongly). Just wanted to know what needs to be done in Ontario with respect to a legal acknowledgement of marriage.
You can't register the marriage here.

As it was a legal marriage under the law in India, I don't believe that you can get married here. You would have to declare your status as already married. You need to register the marriage in India.
 

babsizkil

Hero Member
Dec 18, 2016
522
98
I recently got married in India (Hindu marriage) and now in Canada (with my wife). Both of us were PRs before marriage. We did not register our marriage in India; we thought it would be easier to do that here (perhaps wrongly). Just wanted to know what needs to be done in Ontario with respect to a legal acknowledgement of marriage.
I recently got married in India (Hindu marriage) and now in Canada (with my wife). Both of us were PRs before marriage. We did not register our marriage in India; we thought it would be easier to do that here (perhaps wrongly). Just wanted to know what needs to be done in Ontario with respect to a legal acknowledgement of marriage.
I believe you can get married in Ontario since in your immigration record you never indicated such or will not be recognized. (You're both PR before hindu marriage). I will give a trial by visiting the city hall or municipal office nearest to you. Is as good as if you're not married except if you have been indicating that after your PR and landing in Canada.
 
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k.h.p.

VIP Member
Mar 1, 2019
8,810
2,250
Canada
I believe you can get married in Ontario since in your immigration record you never indicated such or will not be recognized. (You're both PR before hindu marriage). I will give a trial by visiting the city hall or municipal office nearest to you. Is as good as if you're not married except if you have been indicating that after your PR and landing in Canada.
No, if the marriage was legal in India despite being unregistered, they are married. To appear at a city hall and claim they are not is lying and is against the law.
 

babsizkil

Hero Member
Dec 18, 2016
522
98
No, if the marriage was legal in India despite being unregistered, they are married. To appear at a city hall and claim they are not is lying and is against the law.
The OP can only clarify this. In some common law countries, a traditional marriage is not valid if not register with the ministry. For example, many traditional marriages. If a marriage isn't register and valid in India, it will be difficult to verify or recognize by Canada government. I suggest the OP to visit the city or municipal hall for clarification not to conceal the previous marriage.
 

k.h.p.

VIP Member
Mar 1, 2019
8,810
2,250
Canada
The OP can only clarify this. In some common law countries, a traditional marriage is not valid if not register with the ministry. For example, many traditional marriages. If a marriage isn't register and valid in India, it will be difficult to verify or recognize by Canada government. I suggest the OP to visit the city or municipal hall for clarification not to conceal the previous marriage.
The city or municipal hall will have no way to verify anything.

I don't know anything about India's marriage laws. The question is whether or not an unregistered marriage is valid in India. If it is, they cannot legally be married in Canada.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
The OP can only clarify this. In some common law countries, a traditional marriage is not valid if not register with the ministry. For example, many traditional marriages. If a marriage isn't register and valid in India, it will be difficult to verify or recognize by Canada government. I suggest the OP to visit the city or municipal hall for clarification not to conceal the previous marriage.
OP's Hindu marriage was legal under the laws of India, regardless of whether they registered it or not.
 

ankar

Star Member
Jul 3, 2019
123
71
Oh boy the confusion! Anyway we were both PRs before marriage and applied under EE (literally did not know each other at the time). We just had a quick marriage with a hindu priest with our families watching over. Our lives are otherwise based in Canada. I personally did not think this would be an issue.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
Oh boy the confusion! Anyway we were both PRs before marriage and applied under EE (literally did not know each other at the time). We just had a quick marriage with a hindu priest with our families watching over. Our lives are otherwise based in Canada. I personally did not think this would be an issue.
Which is considered a legal marriage in India even if not registered. That means it's a legal marriage in Canada as well and technically, you cannot declare yourselves as single when applying for a marriage license here.

That said, you aren't likely to ever have issues if you do that, so really, the choice is up to you guys.
 

ankar

Star Member
Jul 3, 2019
123
71
Which is considered a legal marriage in India even if not registered. That means it's a legal marriage in Canada as well and technically, you cannot declare yourselves as single when applying for a marriage license here.

That said, you aren't likely to ever have issues if you do that, so really, the choice is up to you guys.
Thanks for the valuable information. Here's a different question. Based on what you said we are legally married, can we get a marriage certificate from our province? Like show pictures of the marriage, etc?
 

canuck78

VIP Member
Jun 18, 2017
53,022
12,784
Thanks for the valuable information. Here's a different question. Based on what you said we are legally married, can we get a marriage certificate from our province? Like show pictures of the marriage, etc?
No because you weren’t married in that province.
 

babsizkil

Hero Member
Dec 18, 2016
522
98
No because you weren’t married in that province.
Thanks for the valuable information. Here's a different question. Based on what you said we are legally married, can we get a marriage certificate from our province? Like show pictures of the marriage, etc?
As stated on the government of Canada websites; Marriages that are legally performed in a foreign country are usually valid in Canada, and you do not need to register them in Canada.