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Saneep   04 October 2016

Canadian court vs indian court

Husband and wife married in 2000, separated in 2014. Children 16 and 14 years old now. All born Indians, but Canadian citizens now. Wife applied for maintenance in Canadian court, and the court ordered XXX amount per month for maintenance of children. her own application was adjourned. Now, she filed case under section 125 in an Indian court through a POA to her brother.

Does the Indian court has jurisdiction to hear the case?

If yes, and the judge makes a decision, which decision will prevail, the one from Canadian court or the one from Indian court?

Thanks in advance.



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 2 Replies

adv.bharat @ PUNE (Lawyer)     04 October 2016

Sandeep what was the decsion of canadian court?

Where the court case initiated in india? state?

125 for maintenance can be entertain as it is the right of women no matter where she is.

If u like my solution then will you give THANK on my LCI profile.

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Saneep   04 October 2016

Hi Bharat,

The canadian court ordered $500 pm for the children. 

The case here has been filed in ludhiana, punjab.

If ludhiana court decides something in her favour, shall the order of canadian court get null and void?


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