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Couple married in India Presently in Canada (Christians)
07-Aug-2026 (In Divorce Law)
Could not agree Living separately within six months of going abroad. After 2 years of separation Husband canadian has sent a notice for divorce to be effective within a month of notice. Wife has his name joint in her bank account in India. Also her gold (received from parents in marriage)is in (joint) locker held by them whose keys are in husband's possession. Some imp documents of wife are in his house. Please advice
I can help you understand your legal rights and the best course of action. The divorce notice does not automatically dissolve the marriage, and the wife should respond within the prescribed time. She can seek the return of her stridhan, including the gold received from her parents, as well as her important documents. If the husband is withholding these, appropriate legal remedies are available. Regarding the joint bank account and locker, the legal position depends on the account and locker terms and the facts of the case. Please share the divorce notice and relevant documents, and I can guide you on the appropriate legal strategy.
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Adv. Riddhi Pratap Bothara
Pune | 5+ Answers
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The notice by your husband does not dissolve your marriage in India . If the marriage was solemnised under Hindu law/Hindu Marriage Act, divorce has to be obtained through a legally valid decree. Since you have been living separately for more than two years, your husband may have grounds to seek divorce on the ground of desertion, subject to the facts and applicable law
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Adv. Areeb Ansari
Mumbai | 25+ Answers
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Oppose the divorce, notice sent by the husband reply to it in detail, ask for your stree dhan or gold which is kept with the husband, if the husband is not ready to co-operate for giving your stuff bank, if necessary he is co-operative seek mutual divorce and finish it off, but if he is not giving you your stuff back ask for it in court by contesting the same in the court and file necessary application for it
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Adv. Moksh Jain
Mumbai | 100+ Answers
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Is he a citizen of India? Or a citizen of Canada? From your question it looks like he’s a citizen of Canada in which case you can contact the lawyer in this country to send him a notice back and we also need to check as to on what grounds and for what he’s send you a notice..
Yes you can recover your gold your money and if required he can also be called back to India and tried in India..
You can surely get in touch Maam.
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Adv. Parth S Barot
Mumbai | 5+ Answers
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After two years of separation, do not ignore the divorce notice or sign any document without first consulting a family lawyer. Check the deadline carefully and send a formal response through the lawyer, especially if you do not agree to the divorce or its terms. Since your name is on the joint bank account, inform the bank in writing and also on the email about the dispute and ask for guidance on protecting the account. Do not withdraw or transfer any money without proper legal advice, as this could create complications later. The gold received from your parents may be treated as stridhan depending on the facts. Since it is kept in a joint locker and the keys are with your husband, request the bank in writing and emali to preserve the locker records and do not access it alone. Your lawyer can seek an order for the safe return or protection of the gold.
Prepare a list of your important documents and belongings kept at your husband’s house. Ask for their immediate return in writing and keep copies of all messages and correspondence. If he refuses or threatens you, approach the local police or a women’s help centre and seek urgent legal protection.
Inform the Counsulate if you are a foreign citizen married to a Canadian
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Adv. Himanshu Nagarkar
Pune | 25+ Answers
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