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seeking divorce in india with canadian wife

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  • seeking divorce in india with canadian wife

    Hi there,
    i was married with Canadian girl in Canada in March 2013.that time i am on student visa. i asked my wife to file papers for immigration and let us register our marriage but she refused,and start living with her boy friend .i came back to India in July 2013 because of my visa got expired. after that i tried a lot to contact her and often called her but she cant give me any reply. she changed her address and living some where else . my friends living there in Canada tried to find her lot but failed . i also tried to get visitor visa to find her but refused by immigration dept.
    So, now i decided to get divorce from her . so plz guide me that if i get divorce in india without her proceedings ,is that decree of divorce is valid in Canada?
    is that ex-parte divorce decree is valid for my immigration to Canada ?

  • #2
    Re: seeking divorce in india with canadian wife

    A divorce obtained in a country other than Canada is a valid and effective divorce in Canada as long as one of the spouses had a “real and substantial connection” with the country granting the divorce. The Canadian Divorce Act requires that the person getting the foreign divorce has been “ordinarily resident” in the country granting the divorce. This means that the foreign country has been his or her place of usual residence for at least one year immediately before starting the divorce proceedings. However, you can file a divorce petition in India on the ground of adultery and an ex parte decree can be attained. Thereafter, you can enforce that judgment in Canada and immigration will not be affected.

    It is better advised that you may consult with an appropriate Attorney who can give a proper guidance in this regard.

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    • #3
      Re: seeking divorce in india with canadian wife

      Thsnk Sir, your mean that i have to wait for one year from the date i arrived in india to file a divorce petition?

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