Visnol (cto) 06 August 2014

Harasment from wife....

I immigrated to Canada with my wife and two girls from India. My wife was harassing me in India as she wanted to help her parents financially who just wanted to use my money. She threatened me with DV and 498A in India but was not successful as her lawyer advised against it. I decided initially not to go to Canada but she cried a lot and promised me not to harass me any more and also gave an apology in front of the lawyer on a non judicial stamp paper and withdrew all false complains to a female organization which she had filed in India.

I thought once in Canada she would be away from her parents and will be better as her parents were alwasy instigating her against me.

In Canada, while I was struggling to settle down, I learnt that she was quietly visiting "female support center" and was falsely complaining about me.

I could not get a job in Canada and I had a very good job and professional life in India so I decided to come back to India with family but she clearly did not want to come to India. She asked me to file for government help to which I refused.

She learnt that single woman can get lots of benefits in Canada if they have kids. So she filed a false charge of "child abuse" against me. This charge was quickly investigated by appropriate agency and found baseless because she had coached the older kid and that became apparent. Unfortunately she has been successful in maligning my kid's mind as for the most part I would be at work and she would be with kids.

I had in the interim decided to come to India and she is claiming benefits of Canadian Government in Canada while keeping kids.

She does not want to come to India and I do not want to settle in Canada.

I also have made up my mind not to stay with her anymore as I have suffered enough, so far I was staying with her for kids but as a "stay home" mom she has successfully turned my older kid against me and she would probably do the same thing with little one.

Questions:

1. Can I file for divorce in India while she is in Canada?

2. Are there any laws which would force her to come to India with kids as I feel I have right to kids as well. We all still carry Indian Citizenship and it would be at least another 4.5 years before we can file for Canadian citizenship.

3. I have already initiated my petitions against her for welfare fraud and immigration fraud - but Canadian legal system is complex and way too costly.

I would certainly appreciate all responses here and hoping to find a really intelligent lawyer here whom I can retain to fight this vicious minded person.

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5 Replies

Tajobsindia (Senior Partner ) 06 August 2014

1. Yes you can. But before filing seek authenticated copies of allegations withdrawal read with investigation report of Canadian authorities.

2. I am not sure on what Visa category family migrated to Canada. If she is currently on spouse dependent Visa then the moment you come back to India her Visa status will also change. You can serve her summoning notice and dependent upon Visa status she is bound to come back once you are back in India to face trial in Indian court. Yes, as per Indian laws you have right to visitation / custody of children.

3. You can appoint a local Attorney on PoA basis to push your case be it said to be expensive there, as it is something which you initiated and have to see to its logical end otherwise more litigation expenses may piled up if parallel judicial wisdom is sought from here. .

4. Make up your mind which jurisdiction you want alleged facts to service your case by analysing all facts (speed of justice delivery vis-à-vis litigation cost of service justice to you and children which are pools apart in both Countries)?

5. BTW, if she comes here she can always pile upon you women friendly laws whereas if you somehow push your case in Canada there with whatever facts you mention here it seems justice will eventually be done at much better speedy way compared to India.

[Last reply]

Visnol (cto) 11 August 2014

Are there any laws in India which would force her to come to India with kids?

Prasad (Systems Engineer) 11 August 2014

Both the parents have equal rights on their child till court rules otherwise in divorce case. So you can file for child custody. Discuss with your lawyer. This will make your wife attend court along with your kids.

The other best way is to win the hearts of your 2 beloved daughters. Your daughters should demand your wife to visit you. Talk to your daugters.

Visnol (cto) 14 August 2014

The problems is she and kids are in Canada and she does not want to come back to India. Kids love me but they love mother too.

I am thinking of filing divorce in India which if she does not come to attend would be easier to get "Ex Parte". If she comes, she probably will have to come with kids and then there will be more battle of custody and whatever other weapons she want to use which I am not sure how long can last.

Once I file divorce in India can she file separate divorce petition in Canada?

Can I ask Indian courts to request her to bring my kids to India. She is not a Canadian Citizen and kids were born in India too. She will not be Canadian Citizens for atleast 4.5 years and after that she will have to file for citizenship.

As a father can I request Indian Government to bring my kids to India which is their birth country.

I would appreciate all advice given here.

Please note that I am doing this for my kids. I can provide much better life to them here rather than in Canada. But my wife does not understand this.