Conditions required to file petition for divorce & maintenance


I got married in april 2016. I stayed in India for 1month with my wife. We were really happy then. After i came back to canada. And i asked my wife for documents,she made excuses to send me those. And didnt even stay at my place in India. I send her money and gifts every month. Now after 8months , after repeatedly asking her for documents to apply for her spouse visa, she has denied blantly and is asking for divorce and money from me. Am i entitled to give her any money support in this case? Or can i file a fraud case against her and her family?

Answers (3)


280 votes

Money settlement is matter out of court, so you both have to decide for getting divorce in mutual consent after completion of one year after marriage. Otherwise you can file divorce petition under section 13 of HM Act against her, but for that purpose you will have come India. No fruad case is made out against her.


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218 votes

Dear before filing any case first you should clear your intention that you are still want to live with her, as she is denying to come to Canada or stay with you, but in order to create a defense in your favor file a petition U/S 9 of Hindu marriage act, it will help you in all the further litigations. If your wife deserted you without any reasonable excuse she is not entitle for maintenance.

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292 votes

Marriage is a sacred union of two souls and bodies which cannot be run without faith and love. So far as payment of maintenance is concerned she can claim maintenance but if you proves that she herself is guilty of desertion and there is no fault on your part then she is not entitled to any maintenance. Law never favour a person who herself is guilty of deserting her spouse. So far as case of divorce is concerned it can't be filled with in one year of marriage. In rare cases it can be filled with in one year if there is extra hardship other wise not.

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