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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.
Answers (7)

Answer #1
319 votes

Here's a clear summary of your statement with legal context clarified:

  • Marriage validity: If you were legally married in India, that marriage is recognized in Canada.

  • Divorce in Canada: You can get divorced in Canada if at least one spouse has been a resident in a Canadian province for at least one year.

  • Recognition in India:

    • If it's a mutual consent divorce granted by a Canadian court, it's generally recognized in India under principles of comity of nations.

    • If it's a contested divorce, India may not recognize it unless the grounds for divorce are also valid under Indian law (as per Section 13 of the Civil Procedure Code and Supreme Court rulings).

In short: Yes, you can be married in India and divorced in Canada. Canada will recognize it automatically, but India's recognition depends on the nature and grounds of the divorce.

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

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Answer #2
855 votes
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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Advocate Vishwanath Pratap Singh

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Answer #3
967 votes
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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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #4
555 votes
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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Advocate D. Khan

Adv. D. Khan

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Answer #5
688 votes
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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Advocate Pankaj Chauhan

Adv. Pankaj Chauhan

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Answer #6
735 votes
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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Advocate Gurpreet Singh Maan

Adv. Gurpreet Singh Maan

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Answer #7
931 votes
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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Advocate Abhyudaika Barwal

Adv. Abhyudaika Barwal

LawRatoMohali | 25+ Answers
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