Qustion regarding 125 jurisdiction

read- sec 125...Order of maintenance of wives, children, and parents - (1) If any person defined above,  having  sufficient means  neglects or refuses to maintain -(a) his wife, unable to maintain  herself , or  t(b) his legitimate  or illegitimate  minor child , whether married  or not, unable to maintain  itself... or..., 

 the magistrate  upon proof  of such neglect or refusal  to maintain, order such person to make a monthly allowance for the maintenance  of his wife or  such child.....

it does not talk any thing like dvorsed woman or her  legitimate children ... so she took sadvantage; divorce aspect of Canada is not taken into account;

again one need to know what conditions of canada divorse law as also maintenance laws say that need to be argued if those laws are favorable to you.

again it is not clear whether you are NRI or Canada citizen; if you are NRI divorce laws of India are applicable to you if not you can press for Canada laws, sir.. regds. adv g balakrishnan Bombay high court at Nerul Navi mumbai

if

sir, You have to appoint local lawyer in india to fight your case both at family and criminal court of  necessary jurisdiction by necessary vakalatnama.. regds.. adv

Learned advocate Balakrishnan has given a proper and valuable opinion on the subject. First of all if you are an Indian citizen and the marriage took place in India, the Canadian court or law will not be binding on you in this regard, especially the divorce.  If you are a Canadian citizen but married in India, you are bound by Indian laws with regard to matrimonial disputes. However, you can always produce the records of settlement of amount at a court in Canada in the same context which may enable the court in India   to give a second thought while deciding the maintenance issue. Consult  a lawyer in the local and proceed as per his advise.

To give you proper advice the following information is needed namely,-

1. Are you a Canadian citizen or NRI ?

2. Is your wife citizen of India?

3 Your place of marriage, where such marriage was registered?

4. Why and How the Divorce case was accepted by the Canadian Court?

5. What  has been ordered in the divorce case by the Canadian Court more particularly about the maintenance?

Hello Mr Biswanath Roy

1.Are you a Canadian citizen or NRI ? --- I am NRI

2. Is your wife citizen of India?- Yes she is,currently living in canada

3 Your place of marriage, where such marriage was registered?-

4. Why and How the Divorce case was accepted by the Canadian Court?-I and my wife were living in canada, so under canadian jurisdiction divoerce was finalised . It was contested  and herself sent the divorce settlement agrement.

5. What  has been ordered in the divorce case by the Canadian Court more particularly about the maintenance?- she requested maintenance of $2600 (1.30 lacs per amount in INR) and i agreed on it for one year.

Thank You

Hello Mr Biswanath Roy

1.Are you a Canadian citizen or NRI ? --- I am NRI

2. Is your wife citizen of India?- Yes she is, currently living in Canada

3 Your place of marriage, where such marriage was registered?-

4. Why and How the Divorce case was accepted by the Canadian Court?-I and my wife were living in canada, so under Canadian jurisdiction divorce was finalized . It was contested  and herself sent the divorce settlement agreement.

5. What  has been ordered in the divorce case by the Canadian Court more particularly about the maintenance?- she requested maintenance of $2600 (1.30 lacs per amount in INR) and i agreed on it for one year.

Thank You

In determining the jurisdiction of the trial u/s.125 Cr.pc the place of marriage and its registration shall be considered.  If marriage is solemnized and registered in India then jurisdiction for divorce and case of Alimony shall be decided by the Indian Court.  However, if the spouse accepted and received 50% assets of the husband and other compensatory money ordered by the Canadian Court then it expressly and evidently prove that she accepted jurisdiction of Canadian Court and its order for Divorce and monitory compensation related to.  Inspite of receipt of such compensatory money if ex-wife file any case in Indian Court u/s.125 Cr. PC It will be infructuous and not maintainable since it is double jeopardy in character.

ADVICE :-  Appoint a competent lawyer in the Indian Court where your ex-wife filed the case u/s.125 Cr.PC and submit the order of the Canadian Court along with the money receipts signed by your ex-wife as per order of the said court to prove that she has already receipted compensatory money as full and final settlement in lieu of maintenance. Hence, the case filed by ex-wife liable to be quashed.  If needed you may engage me as Consultant in your case to monitor your lawyer for taking necessary and appropriate steps.

                                                                      B. N. ROY, Senior Counsel Calcutta High Cour

                                                                  e-mail- bnroy.advocate@gmail.com 

                                                                                                      b

You have to fight the cases on tactics , law and legal procedures.

First of all court notices may have been served in India on your relatives and not on you directly.

So first  if court passes any order your relatives can contest on this point alone for non service of notice.

They can also take objection that complaint is not living in India and unless she is cross examined nothing will move in any case.

The whole procedures takes long long time. You have to exhaust the opponent.

You shall have to follow a legal strategy who knows Canadian Laws Federal Laws and Indian Laws and who is competent to take interference of High Court if needed as to the situation if arises.

                                                                                                         B. N. ROY.

Thank you Mr Dear Biswanath Roy. I will appoint a lawyer in India.

Thank you Mr Dear Biswanath Roy. I will appoint a lawyer in India.

Thank you Mr Dear Biswanath Roy. I will appoint a lawyer in India.