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Maintenance case filed by wife in abroad as well as in India
04-Oct-2023 (In Divorce Law)
Husband and wife married in 2000, separated in 2014. 2 children aged 16 & 14. All Canadians, now. Wife filed a case for maintenance in Surrey, Canada. Her application was adjourned, but the order was made to pay $500 pm to children. Now, wife filed another application at ludhiana court under section 125 for the maintenance. I hv two questions: Does ludhiana court has jurisdiction to take up the case? If ludhiana court gives other decision, which will prevail the one made by Canadian court or the one made by ludhiana court? Thanx
Dear Sir, As you have informed that the case filed at canada is seeking the maintenance for the kids only and not the lady herself. And if the lady is residing here in India, then she definitely can seek maintenance from you in India for Herself, so there shall be no chance of conflicting decisions by two courts.
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Firstly we have to see where the marriage has taken place and where u been residing at present . Ludhiana court has jurisdiction to take up the case if marriage is done in India and the wife has resided in Ludhiana. We can take a plea that a already the girl is drawing compensation in Canada so she is not entitled to take compensation in India as well .
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Adv. Geetinder Singh
Amritsar | 100+ Answers
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both the countries having the jurisdiction, if your wife file the case in canada then court of ludhiana may dismiss her case, as per Indian law if wife is having no source of income then she can claim maintenance but she can get maintenance from one court either from canada or from India.
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Adv. Lovkesh Gupta
Jalandhar | 100+ Answers
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