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  Canada Immigration Forum > General > Our Native Country! > Divorce question for a friend
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Divorce question for a friend




Hello CD's,
This is regarding a divorce question for a friend.
He is a Canadian citizen with OCI and working in India. He does not have any plans of going to Canada in the near future.
He would like to divorce his wife for unreconcileable differences. He got married in India.
Would the divorce laws of Canada or India apply to him?
Is any CD's aware of any issues like this?
Obviously he also has children and in case the wife takes the children would he be required to pay monthly support amount?

Peace by Murali

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I am a Gents and not a Ladies.

 
tamilkuravan

Senior Desi
Member since: Jun 05
Posts: 5753
Location: God's own country

Post ID: 204194 08-03-13 07:53:34
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Rajagopal
Senior Desi
Member since: May 11




Posts: 348
Location: Brampton


\"Canadian citizen with OCI and working in India\". hmm..sounds eerily similar to someone i know. ;)

To the best of my knowledge, rule of the land where one stays applies. For instance, if a Indian immigrant gets divorced in Canada, does Indian law apply for his case? Obviously, not.

You might want to check with a local lawyer and also the Canadian consulate in india to get the complete picture.


 
Post ID: 204203 08-03-13 14:36:20
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Delhite
Senior Desi
Member since: Nov 04




Posts: 938
Location: Brampton


I think the person has to pay monthly support whether he is in India or in Canada.
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A Delhite in Toronto

 
Post ID: 204204 08-03-13 15:45:09
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bhootnath
Senior Desi
Member since: Mar 11




Posts: 969
Location:


Assuming that children and wife are also canadian citizens, wife can very well file divorce and ask for child alimony in Canada as well as in India especially if she resides in Canada with children. Now husband may choose not to pay that but then whenever he not only risks re-entry into Canada but could face some charges in India as well. Wherever divorce is done, I think child alimony should also be taken care there as well.

 
Post ID: 204208 08-03-13 17:04:14
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tamilkuravan
Senior Desi
Member since: Jun 05




Posts: 5753
Location: God's own country


Thanks for the feedback.
Will inform him and as well ask him to check with the Canadian counsulate in India.

Murali

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I am a Gents and not a Ladies.

 
Post ID: 204211 09-03-13 01:11:00
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Gurram
Senior Desi
Member since: Jan 08




Posts: 1002
Location: Toronto


Consulate has no role here.
If it is a mutually agreed divorce .... no problem... your friend can get it done easily.
He can file divorce papers in Canada .... His wife will sign the consent.
An agreement will be made, with notary and witnesses addressing some issues including children responsibility, joint properties etc.,
That's it .... it is done. Current stay in some other place will not come on the way.

It gets complicated in many ways ..... only if one party is not agreeing for the divorce or to the divorce terms.


 
Post ID: 204214 09-03-13 11:12:35
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tamilkuravan
Senior Desi
Member since: Jun 05




Posts: 5753
Location: God's own country


Gurram,
Thanks for the info.
Both the spouse and husband are in India and the wife is not agreeing to go for divorce.
I also looked up at the Canadian embassy website and it says that for a divorce in India, the counsulate recommeds that the persons involved contact lawyers and they have some lawers listed (under no recommendation from the consulate) that the persons can use.
So my friend will contact one of the lawyers in the region and find out.
Will keep CD updated so that it can be of use to similarly situated people.
Murali

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I am a Gents and not a Ladies.

 
Post ID: 204221 10-03-13 08:29:06
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elmer fudd
Senior Desi
Member since: Jan 10




Posts: 457
Location:


AFAIK, if your friend got married in India and his wife is currently living there, Indian judges will recognize divorce(and maintenance) granted only in India.

 
Post ID: 204229 10-03-13 21:02:41
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Tourist
Senior Desi
Member since: Oct 04




Posts: 188
Location: Beautiful BritishColumbia


This guy, your friend sounds very familiar!
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"After climbing a great hill, one only finds that there are many more hills to climb." (Nelson Mandela)

 
Post ID: 204231 11-03-13 00:56:19
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JRF
Senior Desi
Member since: Jul 04




Posts: 1852
Location: GTA, Ontario



So...

Quote:
Originally posted by Tourist

This guy, your friend sounds very familiar!


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The cowards never started,
The weak died on the way,
Only the strong arrived.
http://www.youtube.com/watch?v=_yK1i9cLAMM

 
Post ID: 204232 11-03-13 01:01:44
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Contributors:
bhootnath(1)  chandresh(1)  Delhite(1)  elmer fudd(1)  Gurram(1)  JRF(1)  Rajagopal(1)  
sathish(1)  srikal(1)  tamilkuravan(4)  Tourist(1)  
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