Neel advice in divorce


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dan   
Member since: Jan 05
Posts: 449
Location:

Post ID: #PID Posted on: 27-10-10 07:36:38

Quote:
Originally posted by raichand_ray

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



forget about M78, you need a lawyer NOW ! Brace and prepare yourself for what might happen by looking at http://www.498a.org" rel="nofollow">LINK

It has telephone contacts etc.



dan   
Member since: Jan 05
Posts: 449
Location:

Post ID: #PID Posted on: 02-11-10 11:10:04

Freddie's post is the only one addressing the poster.

And one more link

http://www.canadiansagainstimmigrationfraud.com" rel="nofollow">LINK


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......



kellymaklayin   
Member since: Nov 10
Posts: 5
Location: ohio

Post ID: #PID Posted on: 04-11-10 09:55:55

According to my knowledge you done marriage in India before seven month ago. so i thinks your wife still not having a Canadian PR, First you file the divorce petition in India, because your marriage registered in Indian Law, and just seven month so only divorce file in India. but you need to think twice before file divorce petition if possible to convince first then should solve this problem without divorce.



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

Post ID: #PID Posted on: 23-01-11 05:25:15

Family court at Bhubaneswar refused to recognise divorce decree from Canada.
Judge told it will be a usual divorce case hearing and ordered for reconcillation and counselling.I will file a petition at orissa high court under code of civil procedure 13(a) and 13(b) to recognise and accept canadian court decree.



dan   
Member since: Jan 05
Posts: 449
Location:

Post ID: #PID Posted on: 24-01-11 11:05:27

Quote:
Originally posted by raichand_ray

Family court at Bhubaneswar refused to recognise divorce decree from Canada.
Judge told it will be a usual divorce case hearing and ordered for reconcillation and counselling.I will file a petition at orissa high court under code of civil procedure 13(a) and 13(b) to recognise and accept canadian court decree.



its possibly a state by state issue.



sathish   
Member since: May 03
Posts: 40
Location: Peterborough

Post ID: #PID Posted on: 28-09-13 15:30:40

Hello

I am a divorced person who has gone through this bitter experience.I wish to correct certain statements made above.

Canadian divorces awarded to Persons whose marriages were conducted in India in accordance with Hindu laws is not recognized by indian courts. Therefore, in order to secure divorce, the case has to be filed in Indian courts, more particularly in the Family Court in the location where either the husband or wife resided, or the location where the marriage was performed. There is no other option. If either party chooses to go ahead based on the Canadian court divorce, as and when either party go to India, their civil status is legally still that of being married to each other for all Indian laws (property, civil, marital, etc). This can therefore mean that, if either party chooses to remarry without an Indian court decree, this would be a second marriage for Indian legal purposes, and therefore illegal (as Indian laws do not permit remarriage without a divorce).

Canadian courts on the other hand will accept a divorce decree awarded by any competent court of jurisdiction in a foreign location. The foreign decree will have to be attested and certified by a competent Canadian lawyer that the jurisdiction of the Indian courts and the divorce process is similar to the Canadian system.This attestation need not be filed;however if a second marriage is being contemplated in Canada, then this attestation would need to be filed before the court and registered.A good lawyer can do all this in Canada.

Hope the above clarifies some of the errors made in the postings above.

REgards

Sathish


-----------------------------------------------------------------
Sathish Subramanian
Email:


tamilkuravan   
Member since: Jun 05
Posts: 5775
Location: God's own country

Post ID: #PID Posted on: 30-09-13 04:49:13

Hi Satish :
Thanks for the info.. It is highly useful.
How much will a typical divorce process cost in Canada? and what will the judge rule if the male is earning and the female is not earning. They have 2 children.
Your help would be much appriciated.

Peace by Murali


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I am a Gents and not a Ladies.




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