Neel advice in divorce


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dudewheresmycar   
Member since: Jan 07
Posts: 980
Location:

Post ID: #PID Posted on: 19-08-10 12:04:33

1> Is she agreeable to divorce without any support then it should be easy.. find a lawyer and get the divorce endorsed.

2> If she not agreeable and is making go through hell leaving canada is ur best bet.. mind u it might close ur options of coming back because u did not support a PR u sponsored.



Quote:
Originally posted by mengler

Hi,

Background:.

I live in Toronto, A PR, Last year I got married in India (arranged marriage), and sponsored my wife into canada, she is been here for 7 months. She is

not happy with me and we have frequent alterations , she has been mentally cruel to me too.

She also has plans to marry someone else.

Situation:

1. Since I sponsored her recently, How can I divorce her ? how to proceed?
2a. Since she is completely dependent on me, do I have to support her indefinately?
are we talking about indefinate spousal support
2b. Based on this situation, how long and how much do you think I have to support her?
3a. Since I was married in India, Can I file for divorce in India?
3b. Is it better for me to file for divorce here in Canada?
3c. If I get divorce in India is it valid here or viceversa?
4. Do I have to be separated before I file for divorce?
5. What if She doesn't want to divorce me?

I am a mess right now, please advise. Thanks......



raichand_ray   
Member since: Apr 04
Posts: 7
Location: Lindsay

Post ID: #PID Posted on: 19-10-10 09:50:31

Dear sir,

Indian court is not recognising my divorce decree of Canadian court.Ordering for reconcillation.

your advice


3c) Divorce from India will not be valid in Canada. Divorce from Canada will be valid in India.

How to prove in Indian court.

Thank you

Junior desi



dan   
Member since: Jan 05
Posts: 449
Location:

Post ID: #PID Posted on: 19-10-10 10:07:30

Quote:
Originally posted by raichand_ray

Dear sir,

Indian court is not recognising my divorce decree of Canadian court.Ordering for reconcillation.

your advice


3c) Divorce from India will not be valid in Canada. Divorce from Canada will be valid in India.

How to prove in Indian court.

Thank you

Junior desi



I am not really a lawyer but I think that you do not need to get this recognized in India. You can go on in Canada as you wish once you have the court order.

The problem could arise when you return to visit. No idea what could happen then. Where was the marriage registered ?

Oh sorry I thought you were the original poster. You might want to explain the problem and whether your spouse is from Canada or India etc.



Blue_Peafowl   
Member since: Dec 08
Posts: 1351
Location: Brampton, Ont, Canada

Post ID: #PID Posted on: 19-10-10 10:33:26

Marriage fraud are common in Canada, people get marry just to get entry in Canada.

I’m not sure about your case but if you really think that your wife has cheated you just to get entry in Canada then you can make a official complain to immigration. – It was not easy earlier but these days it can be in your favor ( there are so many victims of marriage fraud and CIC is actually acting on it.) –

Remember, once you sponsor your spouse, you should be responsible for spousal financial support ( about 36 months – not sure timeline though) – at least by complain you might get relief on support.

For more information you can check this link: http://stopmarriagefraud.ca/faqs.html


Quote:
Originally posted by mengler

Hi,

Background:.

I live in Toronto, A PR, Last year I got married in India (arranged marriage), and sponsored my wife into canada, she is been here for 7 months. She is

not happy with me and we have frequent alterations , she has been mentally cruel to me too.

She also has plans to marry someone else.

Situation:

1. Since I sponsored her recently, How can I divorce her ? how to proceed?
2a. Since she is completely dependent on me, do I have to support her indefinately?
are we talking about indefinate spousal support
2b. Based on this situation, how long and how much do you think I have to support her?
3a. Since I was married in India, Can I file for divorce in India?
3b. Is it better for me to file for divorce here in Canada?
3c. If I get divorce in India is it valid here or viceversa?
4. Do I have to be separated before I file for divorce?
5. What if She doesn't want to divorce me?

I am a mess right now, please advise. Thanks......


-----------------------------------------------------------------
'Some goals are so worthy, it's glorious even to fail.' (Param Vir Chakra awardee Lt. Manoj Pandey)


raichand_ray   
Member since: Apr 04
Posts: 7
Location: Lindsay

Post ID: #PID Posted on: 20-10-10 02:16:56

I am in India for last four years.I am canadian and she is Indian.Marriage was registered in India.She says that canadian court order in not binding on her as she is not canadian.She forcibly occupied my ancestral property.



dan   
Member since: Jan 05
Posts: 449
Location:

Post ID: #PID Posted on: 20-10-10 08:31:57

Quote:
Originally posted by raichand_ray

I am in India for last four years.I am canadian and she is Indian.Marriage was registered in India.She says that canadian court order in not binding on her as she is not canadian.She forcibly occupied my ancestral property.



Yes she wants to use the Indian laws as they are all in her favour. Check this out with a lawyer but the fact that the marriage was registered in India means that Indian laws could apply. I don't know how it works there but I guess you have a paper with the Indian authorities stamp on it ie some kind of a certificate.

The fact that she is an Indian citizen may be a factor but I think the registered certificate is what she can use to file there. This is what Indian women are up to these days. I am well aware of what they are doing.

Let us know how it goes.



raichand_ray   
Member since: Apr 04
Posts: 7
Location: Lindsay

Post ID: #PID Posted on: 25-10-10 06:55:57

RajM78

hasposted in this thread that


c) Divorce from India will not be valid in Canada. Divorce from Canada will be valid in India.


I want to know from him under which section of India law says 'Divorce from foreign country will be valid in India'.

Raichand





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