AFAIK, if your friend got married in India and his wife is currently living there, Indian judges will recognize divorce(and maintenance) granted only in India.

This guy, your friend sounds very familiar!

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"After climbing a great hill, one only finds that there are many more hills to climb." (Nelson Mandela)

So...

Quote:

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Originally posted by Tourist

This guy, your friend sounds very familiar!

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The cowards never started,
The weak died on the way,
Only the strong arrived.
http://www.youtube.com/watch?v=_yK1i9cLAMM

Hello,

I have sadly been in a similiar situation and got divorced.Let me share some important information in this context. Divorce can be taken either in India or Canada.Only thing to note that is a canadian divorce, (if contested) is not recognized by Indian courts and the ex-wife can always apply for restoration of marital rights in an Indian court. As a matter of fact, since both parties are currently residing in India, if the ex-wife wanted, she could very well file a case in Indian courts and request that the court proceedings be held in India, and the husband would then have no choice but to comply. Any disobedience of the Indian laws would result in the Indian court issuing a legal order.

It is most advisable and preferable to go for mutual consent whether in India or Canada. Once the alimony amount has been agreed upon, ensure it is recorded in an legal agreement and witnessed by the court. THereafter both parties are free to go their seperate ways.

Since there are children involved, it becomes complicated. The Judge has the final say in a contested divorce (which i have seen , can drag on for years and years in the Indian court). Canadian courts also tend to award child maintainance depending on the age and education and background of the marital life before the divorce. Both Canada and India enforce alimony laws fairly strictly.

Hope this should clarify your mind. I strongly recommend that you consult a good Indian lawyer to advocate your case,preferably the mutual consent route.

Sathish

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Sathish Subramanian
Email:

Sathish,

your divorce did it happen in Canada, how long it took to get divorce paper.

Is there a rule which says that only the husband has to pay alimony? What if the wife was always earning more than the husband??

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Chandresh

Advice is free – lessons I charge for!!

Update:
Thanks guys for the replies.
My friend contacted the lawyer found in the Embassy website.
The lawyer said that Divorce in India is complicated and he suggested some out of the box ideas/illegal methods to make the divorce work in his favor.
Since Tourist and my friend's wife worked in the same organisation in Dubai, I will not be disclosing the way forward in this public forum.
The lawyer also said that alimony will be ordered by the judge to be paid to the person who keeps the child irrespective of the salary of both the spouses. Alimony will be fixed based on a case to case basis and is dependent on so many factors.
Peace by Murali

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I am a Gents and not a Ladies.