Certainly not, in the abscence of a conclusion of the issue as to who was responsible for bringing about separation between the spauses, subject ofcourse to the binding nature of the Decree obtained from the Canadian Court.
Desertion is a seperate ground for divorce.if you want to file divirce on those grounds you got to prove that it is wilful desertion by your wife and during the two years of desertion you made several attempts to reconcile which proved to be futile
the exparte divorce decree is not valid in india and to make it acceptale legally then again you have to file in the jurisdictional court of india with the order copy of canada here and if she does not contest the you will get divorce very easily and within 2 years what reconciliation steps you have taken has to be mentioned and if she contest the case then the case will take its normal turn and how much time it will take cannot tell
The questioner only say that he tried for divorce only if the Canadian decree in this case is not bindiang for any reason then he cannot make out a case for desertion becuse the alleged separation was not against the will of this applicant
The exparte divorce decree obtained in Canada is no doubt, as rightly observed by you, not valid in India as the respondent did not participate in the proceedings held at that place hence it is not binding on her who married as per Indian laws in India. Since you know this very well, what prompted you to go for that in Canada?
Well non-cohabitation for a period of two years or more and cruelty can be grounds for divorce that can be applied afresh in India, if you so desire.
You may consult a local lawyer and discuss further issues at length before proceeding.
It is never the case of the husband that the alleged desrtion was inspite of the protest of the husand on the contrary it appears that the husband was trying alalong for divorce only and therefore it cannot be said that the alleged separation by wife was willful on her part
To Mr. S. Pandya " We both decided to seperate in Jan-13 when we were together. After that i spend 6 months in india and she never showed intention to join me. After that i went to abroad in Aug-13." After that neither i nor she showed intention to join together. Infact in April-14 in presence of her & her side eleder persons we exchanged all belonging to each others. It is duly written on stamp paper with notarizartion."