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vishal   04 December 2016

Me indian and wife is canadian, how can we get divorce? will she have to appear in court for hearings?

Hello everyone, my name is Vishal and i am from Pune. i got married in feb'16. my wife was born in india but living in canada since childhood. our marriage took place in india as per hindu marriage act. we stayed together for 1 month after marriage and after that she went back to Canada. she sponsored me for Canadian PR right after marriage but things started going wrong between us and our families and she withdrawn the sponsorship and my PR file is closed now. we are not communicating to each other as of now. i need help regarding few questions -

1) is it possible that if she apply for a divorce in canada and granted with it.

2) if i file for a divorce in india, is it compulsory that she will have to appear in court for all the hearings? or is there any other way?

3) is it possible that she cancelling the PR sponsorship (and in addition to this if she files for a divorce in Canada) would make a negative impact if i apply again for Canadian PR in future through some other route?

kindly help??



Learning

 4 Replies

Sood   05 December 2016

1) if your marriage is not registered and ur wife is canadian resident she no need to take divorce. 2) one sided divorce. 3)no, she might have applied for visa and sponsored you.. pr is other thing

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     06 December 2016

If your Wife is of Indian Origin and Marriage Happen in India as per Hindu Rites, Better Apply for Divorce in India thorugh Mutual consent

vishal   06 December 2016

1) if your marriage is not registered and ur wife is canadian resident she no need to take divorce. 2) one sided divorce. 3)no, she might have applied for visa and sponsored you.. pr is other thing

 

@ Sood Sir : my wife is Canadian resident but she was born in India so she has got Dual citizenship. our marriage was registered in India. as you said, she need not to take divorce in canada as marriage wasn't registered in canada. 

but doesn't she need to take divorce with me before she gets married to other person?? may be she will not have to take divorce with me if she gets married to a canadian citizen but what if that other person is not canadian and is an Indian, then ???

 

plz help??

vishal   06 December 2016

If your Wife is of Indian Origin and Marriage Happen in India as per Hindu Rites, Better Apply for Divorce in India thorugh Mutual consent

@Zoheb Khatri : i don't think that this is going to happen.

what if i file for a divorce in india, is it compulsory that she will have to appear in court for all the hearings? or is there any other way?

i have heard that for mutual constent divorce one can give power of attorny to any of relative for all hearing purposes. is it true?

and what about in case of contestent divorce? can she give power of attorney in this case too or will she have to appear ?

plz help with clarification ??
 


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