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Can Hague abduction convention be imposed between Canada and India?


24-Jan-2025 (In Divorce Law)
We are of 3 Canadian citizens with OCI - myself, wife and 3yr daughter. During vacation to India in Nov.'24, my wife went to her mom home right after immigration and did not returned to Canada yet. Now expecting divorce petition from my wife. As Canada is the habitual residence of my child, I want to get back my child to Canada. Looking for legal advice on how to get her back to Canada, how I can be well-prepared to face any maintenance/interim maintenance, what I can do from Canadian courts?
Answers (2)

Answer #1
611 votes
Dear Client, based on your question it need a detail discussion so that proper advice will provide. after some clarification will get proper advice. hope this advice help you. for more detail discussion feel free to contact us.
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Answer #2
951 votes
Dear Sir, It being a matter involved International Laws as such you may please contact any Advocate who is well acquainted with such laws. Otherwise you may be misled. Normally, if marriage happened in India then it has to be filed in India as Hindu Marriage Act is unknown to Canadian Courts. Even child custody may be urged in the Indian Family Courts subject to some conditions and provisions of law.
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