Rohit 20 February 2018

Query on divorce applied in Canada

Hi, I just wanted to ask about some questions on divorce. I married to a girl in India in December 2016.She was on a work permit and still her status is work permit in Canada. She came to canada on study basis and has been living in Canada (Ontario) for more than 2 years. She is currently in the process of getting her PR. She got her provincial Nomination from Ontario in November 2016. After we got married in India she went back and applied for permanent residence through paper application in which she was the principal applicant and I was the dependent applicant. I am an Indian resident living in India. Now after a year she wanted divorce as she found a well settled guy in Canada. She didn't talk to me and sent me the divorce papers which is simple divorce only and not a joint divorce. On the basis of this I have few questions:- 1) Can she apply a divorce in Canada as she is not a permanent resident in canada. 2) if she can apply is that divorce valid in India. 3) How should I answer her divorce papers.

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Vijay Raj Mahajan (Advocate) 20 February 2018

You both for the timebeing are Indian citizen, married in India , must be according to Hindu form of marriage under the Hindu Marriage Act,1955. The wife working in Canada has applied for divorce there in Canadian Court that you can always refuse to agree and simultaneously file for Restitution of Conjugal Rights in Indian Family Court so that her divorce decree of Canadian Court can be challegned in Indian court u/s 13 CPC and based on Principle of Law laid down by the Supreme Court of India in Narsimahrao case law.

You can even seek divorce on the basis of cruelty in the Family Court in India, so that you have valid decree of divorce in hand that you can use in future.

The wife if she so desire can come to India and go in for divorce by mutual consent jointly with you in Indian Family Court, this can get you both valid decree of divorce in India.

Rohit 20 February 2018

Thank you so much Vijay Sir fo your valuable inputs. Now what should be my next action as I just want simple divotce with her which is valid in India and abroad. I dont want to claim anything from her. I just want divorce which is valid in India so that i can move ahead. Please let me know how can I revert on her divorce papers. Or pls let me know in case i need to apply for divorce in India

Vijay Raj Mahajan (Advocate) 20 February 2018

As advised above you should apply for divorce in India and get decree of divorce from Indian Family Court. This will always be valid document for you in future, decree of divorce from foreign country is always creating problem for Indian in India, specially at the time of their remarriage in India and it's registration. Contact me if you're based in Gurgaon, my contact details in my profile here in this forum.