Procedure to get the divorce residing in Canada at present.

801 votes

If a husband or wife takes divorce in Canada, the other spouse has several grounds under Section 13 of Civil Procedure Code to file a suit to declare the decree of divorce passed by a Canadian court unlawful and void. Besides, there are judgments of the Supreme Court of India, which clearly state that ground of divorce in Canada must be the one which is recognized as a ground of divorce in India as per Hindu Marriage Act, 1955.Once a court in India invalidates a decree of divorce in Canada, the wife may lodge/register a First Information Report (FIR, police complaint) to the effect that the husband and his relatives in India and/or abroad have treated the wife cruelly for the purpose of taking dowry. In such a case, a trial initiates against the accused persons who may also be arrested for several days even though they are innocent and wrongly named in the FIR. This police complaint can also be used by the wife to extract money from the husband. This is not even treated as a part of temporary or permanent alimony or even maintenance under Section 125 of Criminal Procedure Code, 1973.

Advocate Antarup Banerjee LawRato

504 votes

If your wife is in India and you want to file for a divorce in India, you may execute a Special Power of Attorney (if you don't want to come to India for this purpose) in favour of someone who may file for divorce on your behalf. Regarding the PR, if you want a PR for Canada and your wife is going to sponsor you, you may do it but if you get a divorce right after getting a PR then she might report to the authorities that your marriage was a fraud committed by you for the sole purpose of getting a PR. Also, keep in mind the 2 years rule.
Nonetheless, if she doesn't report a fraud then she will be responsible for you till the term of the PR.

LawRato LawRato