Divorce question for a friend

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tamilkuravan
Member since: Jun 05

Posts: 5775
Location: God's own country
Post ID: #PID

Posted on: 08-03-13 07:53:34

Hello CD's,
This is regarding a divorce question for a friend.
He is a Canadian citizen with OCI and working in India. He does not have any plans of going to Canada in the near future.
He would like to divorce his wife for unreconcileable differences. He got married in India.
Would the divorce laws of Canada or India apply to him?
Is any CD's aware of any issues like this?
Obviously he also has children and in case the wife takes the children would he be required to pay monthly support amount?

Peace by Murali

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I am a Gents and not a Ladies.

Rajagopal
Member since: May 11

Posts: 348
Location: Brampton
Post ID: #PID

Posted on: 08-03-13 14:36:20

\"Canadian citizen with OCI and working in India\". hmm..sounds eerily similar to someone i know.

To the best of my knowledge, rule of the land where one stays applies. For instance, if a Indian immigrant gets divorced in Canada, does Indian law apply for his case? Obviously, not.

You might want to check with a local lawyer and also the Canadian consulate in india to get the complete picture.

Delhite
Member since: Nov 04

Posts: 938
Location: Brampton
Post ID: #PID

Posted on: 08-03-13 15:45:09

I think the person has to pay monthly support whether he is in India or in Canada.

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A Delhite in Toronto

bhootnath
Member since: Mar 11

Posts: 969
Location:
Post ID: #PID

Posted on: 08-03-13 17:04:14

Assuming that children and wife are also canadian citizens, wife can very well file divorce and ask for child alimony in Canada as well as in India especially if she resides in Canada with children. Now husband may choose not to pay that but then whenever he not only risks re-entry into Canada but could face some charges in India as well. Wherever divorce is done, I think child alimony should also be taken care there as well.

tamilkuravan
Member since: Jun 05

Posts: 5775
Location: God's own country
Post ID: #PID

Posted on: 09-03-13 01:11:00

Thanks for the feedback.
Will inform him and as well ask him to check with the Canadian counsulate in India.

Murali

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I am a Gents and not a Ladies.

Gurram
Member since: Jan 08

Posts: 1002
Location: Toronto
Post ID: #PID

Posted on: 09-03-13 11:12:35

Consulate has no role here.
If it is a mutually agreed divorce .... no problem... your friend can get it done easily.
He can file divorce papers in Canada .... His wife will sign the consent.
An agreement will be made, with notary and witnesses addressing some issues including children responsibility, joint properties etc.,
That's it .... it is done. Current stay in some other place will not come on the way.

It gets complicated in many ways ..... only if one party is not agreeing for the divorce or to the divorce terms.

tamilkuravan
Member since: Jun 05

Posts: 5775
Location: God's own country
Post ID: #PID

Posted on: 10-03-13 08:29:06

Gurram,
Thanks for the info.
Both the spouse and husband are in India and the wife is not agreeing to go for divorce.
I also looked up at the Canadian embassy website and it says that for a divorce in India, the counsulate recommeds that the persons involved contact lawyers and they have some lawers listed (under no recommendation from the consulate) that the persons can use.
So my friend will contact one of the lawyers in the region and find out.
Will keep CD updated so that it can be of use to similarly situated people.
Murali

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I am a Gents and not a Ladies.

Contributors: tamilkuravan(4) sathish(1) Delhite(1) srikal(1) bhootnath(1) chandresh(1) Gurram(1) elmer fudd(1) Tourist(1) JRF(1) Rajagopal(1)

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