As a follow-up to my earlier post a week or so back, I am still looking for some information. Can someone give some info/advice on how one goes about filing for an annulment of marriage/divorce in India.
Any good sites for info? Any lawyers that someone can recommend?
Would it need to be filed in the same city where the marriage was registered?

Any desi lawyers here in Toronto that someone can recommend?

Note: Marriage was held in India. Spouse was never sponsored and never came to Canada. The husband and wife didn't spend anytime with one another at all.

Any help would be greatly appreciated.

Yellowknife,
As a senior desi, you should have known that you should have continued your latest question in the link that you created earlier. As i was out of post credit, I could not reply to that earlier but I will reply now :
Since your cousin brother (Canada) wants to file an annulment notice/ divorce to his wife in India, he has to go through a lawyer in India. Divorce lawyers in India are available dime to a dozen. Once the lawyer files for divorce (on your cousin's behalf- he may have to sign many affidavits), he can also file an harrasment claim by your cousin's wife's parents/ relatives and get a restrainign order so that your aunt (Cousin's mother) is in peace. Before an annulment/ divorce, your cousin has to be present in court in India on a set date. It is clearly an hassle and waste of money and hence many such people, do not file for a divorce and donot go to India ( I know one person of a similar situation in Canada. He is working in a factory for $12 an hour and he has not gone back to India for 6 years now).
If, on the other hand, your cousin does not file for a divorce and the parents of the girl file a complaint that your cousin ran away after marriage, your cousin could be put in jail if he enters India.
And finally, the most important thing is never to use a lawyer from Canada even though he may be desi. Lawyers from Canada , canot do anything to help your cousin unless the bride is also in Canada. (I have known many cases in canada, where desi couple who got married in India got divorced in Canada. But in these cases, both were present in Canada).
All the best for peace of mind and closure for your cousin.
TK A

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I am a Gents and not a Ladies.

TK, do you know what happens if my cousin's wife comes to Canada on her own(not via sponsorship of course). What, if anything would my cousin be responsible for if he does not want to live with her.
If you know of any lawyer here that you can recommend for answering the above question, please PM me or post it here.
Thanks

Hi,

Please note annulment is applicable only in the 1st one year of marriage after which a more cumbersome divorce proceedings can take place .

There are certain categories in which a case can be appealed for in the court and can be googled .

Divorces can be applied for either at the place where the marriage was registered or the current residence of the person/s. It is easier to get divorce in US / Canada as compared to India due to different social set up.

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Fido.

I am assuming that you got married under the Hindu Marriage Act 1955.

For finer details, you can access this url:
http://www.sudhirlaw.com/HMA55.htm

You need a valid reason for divorce: The following are valid grounds for divorce:
13. Divorce- (1) Any marriage solemnized, whether before or after the commencement of the Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-

(i) has, after the solemnization of the marriage had voluntary sexual intercourse with any person other than his or her spouse; or

(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or

(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or

(ii) has ceased to be a Hindu by conversion to another religion ; or

(iii) has been incurably of unsound mind, or has suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

Explanation- In this clause-

(a) the expression "mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and include schizophrenia;

(b) the expression "psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party and whether or not it requires or is susceptible to medical treatment; or

(iv) has been suffering from a virulent and incurable form of leprosy; or

(v) has been suffering from veneral disease in a communicable form; or

(vi) has renounced the world by entering any religious order; or

(vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive;

Explanation.- In this sub-section, the expression "desertion" means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the willful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expression shall be construed accordingly.

(1-A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-

(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or

(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upward after the passing of a decree of restitution of conjugal rights in a proceeding to which they were parties.

(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground-

(i) in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before the commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner:

Provided that in either case the other wife is alive at the time of the presentation of the petition;

(ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality;

It would be better for you to talk to a lawyer in India. The lawyers here may not be licensed to practice in India.


Good luck and may God bless you!

Yes I know, there are some places which say a divorce decree obtained in Canada is valid in India and then most places which say it is not.

The issue in this case is that the 2 parties, husband and wife never even stayed together in India or otherwise . But it seems like the divorce will still have to be filed in India. The problem being that it seems my cousin would have to go to India at least once and possibly multiple times to deal with this and that won't be possible.

Quote:

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Originally posted by yellowknife

Yes I know, there are some places which say a divorce decree obtained in Canada is valid in India and then most places which say it is not.

The issue in this case is that the 2 parties, husband and wife never even stayed together in India or otherwise . But it seems like the divorce will still have to be filed in India. The problem being that it seems my cousin would have to go to India at least once and possibly multiple times to deal with this and that won't be possible.

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