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Divorce and Custody of canadian citizen and domestic violence case


05-Aug-2024 (In Divorce Law)
My son 18 month old is canadian citizen. Father and mother both are Indian citizen.His father is charged with domestic violence in Canada.Now I want divorce from my husband and OCI and custody of my child.how to go about it. I m in india now.
Answers (4)

Answer #1
953 votes
You can file a petition in High Court for getting your child to India. Also you need to file a separate divorce petition for seeking divorce from your husband. Feel free to contact me for seeking any further legal advice as regards the same.
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Advocate Prerna Shukla

Adv. Prerna Shukla

LawRato Mumbai | 700+ Answers
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Answer #2
607 votes
Dear client, based on your question you can file for a Divorce proceedings in your jurisdiction since you both are Indian. And related to the custody of the child issues may involved both Indian and Canadian jurisdiction. This needs a detailed discussion for that feel free to contact us.
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Advocate Anish Palkar

Adv. Anish Palkar

LawRatoMumbai | 200+ Answers
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Answer #3
733 votes
You have to fight the entire matter in India. You can give POA to a family member and then the divorce and dv matter can proceed. The trial will take a few years and whenever you visit India you can attend the court date. For custody of child his consent will be necessary since he is an adult
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Advocate Kajal B Joshi

Adv. Kajal B Joshi

LawRatoMumbai | 50+ Answers
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Answer #4
965 votes
Well, you can file for Divorce either in Canada or in India. However, if you have plans to settle in India, file a Divorce Case from India. You can seek permanent Child Custody of your child from a Canadian Court, but in that case, your child has to leave Canadian Citizenship if the Canadian Court grants you Permanent Custody of Child.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ Answers
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