Divorce for an nri

Querist : Anonymous (Querist) 13 December 2011 This query is : Resolved
My cousin is a Canadian citizen who got married to an Indian.He had to go through psychological abuse for the last three years of the marriage. The girl was not willing to divorce him. He was not willing to go the family way because of the issues but after three years she now conceived and also delivered a girl baby. My cousin felt that this was the right opportunity to get out of this issue and sent her to India for her delivery. He did not visit her after she left Canada. He has been regularly sending money for the baby's maintenance. She is still not willing for a divorce. She is a PR in Canada but currently residing in India. My cousin wants divorce from her. He is willing to support the child financially but does not want custody as she is not willing to let go of the child. She is demanding more than 1500$ a month for her maintenance. Is there a way by which my cousin could file for a divorce in India and sort this issue.

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Advocate. Arunagiri (Expert) 13 December 2011
Where the marriage was solominised?

Whether she had renounced her indian citizenship?

Where she is going to live hereinafter?

based on your reply I can give my opinion.

Raj Kumar Makkad (Expert) 13 December 2011
As per facts of the query, the marriage between the couple was performed in Canada as per laws prevalent there so decree of divorce can also be obtained there as per laws of Canada and not in India.

prabhakar singh (Expert) 14 December 2011
agree with Expert : raj kumar makkad

Shonee Kapoor (Expert) 14 December 2011
Agreed with the expert Mr. Makkad.

But has not your cousin acted a little selfish trying to wash off his hands. He should give equitable maintenance for the child and mother (if mother not working).

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com