Can a spouse bring a claim under Indian law against a divorce order?

British Columbia, Canada


The following excerpt is from M.S.K. v. S.K.K., 2015 BCSC 2123 (CanLII):

Similar information was presented to the court in Boyal v. Boyal, 2014 BCSC 2261. In that case, the wife sought to adjourn the divorce proceedings until after her claim in India was resolved. She had received a previous adjournment to allow her to obtain evidence about the prejudice she would face if a divorce order were granted. She subsequently filed an affidavit stating that she believed only a spouse could bring a claim under Indian law, so the divorce order would defeat her claim. As an exhibit to this affidavit, she attached a letter from her counsel in India, which was meant to attest to the fact that a claim had been brought in India under a certain statute and would be prejudiced by a divorce. However, the document was addressed “TO WHOM IT MAY CONCERN”, and it was not properly sworn nor affirmed; it was simply stamped on each page by a notary public: Boyal at para. 11.

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