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I am Canadian citizen wanting divorce of wife who is Indian Citizen
24-Sep-2023 (In Divorce Law)
I (Canadian born citizen) got married (2nd marriage) to my wife (also 2nd marriage) who is an Indian citizen last year (2020) in March in Punjab, India. I stayed with her for 8 days and then flew back in May, 2020 to Toronto, Canada. We have been separated for over a year now and I've filed for her PR sponsorship application (in process). We had some differences via chatting and on phone calls and I was thinking of cancelling her PR and then filing for divorce. My questions are
1. If I cancel her PR application then can she press any charges against me?
2. If I file for divorce and she does not want to get one, then can I still get a divorce?
3. Can she claim or is she entitled to anything from me? She has never visited Canada nor do we have any property together or any children together.
4. Can she actually file a fake case against me for fraud or anything of that sort from India? Or can she press any other charges against me?Again she has never left India and I am living in Canada.
hello client aa i can see yr issue us really serious. been your wife she is having full and absolute rights to get uoubindluge in fake cases. in this matter aa you have been married in india and to an indian citizen you need to take divorce in india only . then only it will be valid. if ahe do not wish to give divorce to you yes you can get it. we can helpbyou in this regards. kindly contact us if you wish to take my help .
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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Sir, you must first cancel the sponsorship you have applied. Cancellation of PR doesn’t constitute any offence and she cannot file anything against it. As far as the divorce is concerned she can file one in India because she is living here and the marriage also took place here. It’s better to go for a mutual divorce.
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Adv. Jitender Singh
Delhi | 500+ Answers
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Have have asked multiple questions in one message n by typing all is not possible..yes she can file the case of DV, 498a, n might be 420 as well … it depends on the facts …u can mutually take divorce but that can’t be done if u r in Canada …
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Adv. D. Khan
Delhi | 500+ Answers
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hi, to answer your in query in short I will say 'yes'.
She can claim maintenance as a right. If u cancel PR she might say you cheated her. Being a woman, she has ample rights. But, you can settle up with her and can apply divorce mutually. I hope that helps.
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Adv. Pankaj Chauhan
Mohali | 100+ Answers
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U have need to defend ur case very carefully . you can take divorce from her without came to India through your special power of attorney if u don't wants to come INDIA
Here my clients from Canada took divorce from court without came here
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Adv. Gurpreet Singh Maan
Sangrur | 25+ Answers
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1. Yes you can file for divorce
2. Yes, she can surely file any false case against you. You need to take proactive actions to save yourself
3. Yes, apparently you need to maintain her till the pendancy of the case.
we can have a detailed talk on call to answer all your questions
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Adv. Abhyudaika Barwal
Mohali | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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