Posted on: 16-11-10 02:13:30
Hello,
Would appreciate a reply on this matter.
I am a Canadian citizen. I got married five years ago in India under the Hindu Marriage Act. I sponsored my wife's move to Canada and she's currenly a PR who has applied for Canadian citizenship.
Our marriage did not work out and I sent her a notice of divorce through my lawyer based in Canada. The notice was served on her and she responded through a lawyer in India stating that Indian jursdiction be applied and that me and my family have been cruel to her. (which is an absolute lie - there has been no complaint ever in this regard in the past five years).
Since we got married, we have been working and living in Canada and annually visit our families in India for about 2-3 weeks and our parents visit us off and on.
Since we have been living in Canada and have the intention of permanently living here, how can Indian laws be applied (though the marriage was solemnized in India)?
Any guidance in this regard would be helpful.
Regards.
Marriage Law is complicated ... do not waste your time. Seek some good lawyer advice. If you need Lawyer help in India, let me know.
TIP: It is always economical and smart move to settle the issues (without courts or lawyers) through negotiations, family friends or mediators.
Quote:
Originally posted by aufbohn
Hello,
Would appreciate a reply on this matter.
I am a Canadian citizen. I got married five years ago in India under the Hindu Marriage Act. I sponsored my wife's move to Canada and she's currenly a PR who has applied for Canadian citizenship.
Our marriage did not work out and I sent her a notice of divorce through my lawyer based in Canada. The notice was served on her and she responded through a lawyer in India stating that Indian jursdiction be applied and that me and my family have been cruel to her. (which is an absolute lie - there has been no complaint ever in this regard in the past five years).
Since we got married, we have been working and living in Canada and annually visit our families in India for about 2-3 weeks and our parents visit us off and on.
Since we have been living in Canada and have the intention of permanently living here, how can Indian laws be applied (though the marriage was solemnized in India)?
Any guidance in this regard would be helpful.
Regards.
If the marriage was registered there (certificate etc), it is possible that she can try to use Indian laws which are more gender-biased than western laws (US, Canada) where the things are a bit faster and equal. So it is clear why she wants to use Indian jurisdiction, though of course she can opt to use Canadian laws but will she ?
The cruelty card (me and my family etc) is also quite commonly used so get a lawyer ASAP.
