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Rights of the wife on PR holder guy staying in Canada


28-Sep-2023 (In Divorce Law)
I am married to an Indian citizen with PR. We got married in India a year ago. He is sending me back to India and he is not coming. If i plan for divorce in India. What will be my rights in India if he doesnt come? Is there any law that can force him to come to India? Will i be eligible for Alumini in India?
Answers (3)

Answer #1
641 votes
Mam, You can fie for Divorce in India and alimony will be decide taking into consideration both financial status , liabilities and period of marriage further you will have to prove that he has sent you back forcefully. Further any order you get in India will be difficult to enforce if he is living abroad, you cannot force him to come to India ,a very difficult task even if you file a criminal complaint against him realistically speaking.
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Advocate Shalini Devi

Adv. Shalini Devi

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Answer #2
744 votes
As per public international law, a person is prosecuted as per the nationality or residency of that person in your case the nationality of your spouse is Canadian hense Canadian rules regarding divorce will be applicable to him.you will definitely get benefits but as per Canadian laws ,or which provision they have done for citizens.please do not hesitate for contact.if like my advice please rate me.
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Advocate Vijay Kalu Wani

Adv. Vijay Kalu Wani

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Answer #3
786 votes
As per your query Your marriage is solemnized in India and hence Indian courts have the jurisdiction to entertain your case. If you are planning for divorce you have the right to claim maintenance till the proceedings are disposed off and are also eligible for alimony. Any court in India can demand the presence of Respondent before them but yours being a civil dispute can't force him to remain present instead can pass an ex-parte order if he fails to attend the proceedings upon receipt of the summons by your husband. Regards
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Advocate Neelkanth Goswami

Adv. Neelkanth Goswami

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