• Procedure if one spouse is in Canada

Hi! I am staying in Canada right now. I have a PR. I want a divorce from my husband . How to proceed. He is in India right now. What is the procedure, how much time it takes and what are the costs.
Thanks 
MOnika
Asked 1 month ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

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14 Answers

Is your husband willing to grant you divorce 

 

2) if so file for divorce by mutual consent 

 

3) it takes around 6 months 

 

4) please note that no fault divorce brained in Canada is not valid in India 

Ajay Sethi
Advocate, Mumbai
82096 Answers
5156 Consultations

5.0 on 5.0

1. Instead of going for contested divorce, convince your husband to agree for Mutual Consent Divorce.

2. By opting for Mutual Consent Divorce, the couple can save time and money and all the disputes can be resolved mutually between them.

3. After filing for Mutual Consent Divorce, 6 months' cooling period will be there before the second motion. This 6 months' cooling period can also be waived off in certain cases.

Shashidhar S. Sastry
Advocate, Bangalore
3520 Answers
204 Consultations

5.0 on 5.0

Legal fees vary depending upon lawyer engaged by you 

 

you can file for divorce on grounds of mental cruelty 

 

if your husband has committed fraud it is ground for anullment of marriage 

 

"The word 'fraud' as a ground for the annulment of the marriage under the Hindu law is limited only to those cases where the consent of the petitioner at the solemnization of the marriage was obtained by some sort of deception.

Ajay Sethi
Advocate, Mumbai
82096 Answers
5156 Consultations

5.0 on 5.0

If your husband agrees for mutual consent divorce, then you can file a divorce on the grounds of mutual consent in India.

You need not be physically available in India at the time of filing the divorce cae, you can give power of attorney deed to any close relative in India, who will sign the papers on your behalf and then you can visit India for confirming your decision for divorce during the second motion. 

The one sided divorce or the grounds for divorce available in Canada may not be legally valid if you try to get the divorce decree in Canada without your husband participating in the divorce process in Canada. 

You may talk to your spouse and settle the matter amicably which would take a very short time if divorce case is filed on the grounds of mutual consent divorce in India. 

T Kalaiselvan
Advocate, Vellore
72168 Answers
1078 Consultations

5.0 on 5.0

The grounds what you have stated do not constitute grounds for contested divorce to be filed on the grounds of cruelty.

There should be valid grounds to establish cruelty in the contested divorce.

The incompatibility may be a reason for the divorce on mutual consent divorce and not for the contested divorce. 

T Kalaiselvan
Advocate, Vellore
72168 Answers
1078 Consultations

5.0 on 5.0

Yes. But no time period can be ascertained. If party is agreed, then 6 months would be enough. 

Bhushan Adinath Vardhamane
Advocate, Mumbai
11 Answers

Not rated

You need not come to India. You can seek divorce from abroad. Prepare a special power of attorney in favor of any of your blood relative in India on Rs. 100 stamp paper available in the office of Indian Consulate/ high commissioner or at many places in Canada. giving him powers to file divorce on your behalf. Go to the office of  Indian of high commissioner with the  spa and get the spa attested. Send the Spa to the person named. He will be entitled to file divorce on your behalf through Advocate. After that counseling and other proceeding can be conducted through video conferencing. Submit all the electronic and other proof against her in court. SPA requires specific format.

 

You can seek divorce from husband. Section 13 of Hindu Marriage Act, 1955  provides for divorce by wife on following  grounds like..

  1. Having sex outside marriage, having girl friend amounts to having sex outside marriage.
  2. Desertion (neglecting wife) for two years,
  3. Cruelty, it can be physical or mental direct or indirect. You can file divorce on this ground also as having sex outside marriage is included in mental cruelty.  
  4. Deception can be a ground, the that is serious and because of deception played you married him.

Contact local lawyer and engage him it take 1 – 2 years for divorce case.                    

Documents required…                                                                                                                       

  1. Aadhar card
  2. Proof residence.
  3. Proof age of both.
  4. Passport photographs of both.
  5. Proof of marriage, invitation card.
  6. Marriage photograph with both.
  7.  
  8. Divorce petition.
  9.  

No second marriage till you get divorce.

 

 

 

 

 

Ravi Shinde
Advocate, Hyderabad
797 Answers
7 Consultations

5.0 on 5.0

1. There should be grounds acceptable by Indian law for seeking divorce from your husband.

 

2. You can file a divorce suit in India on the grounds of cruelty submitting evidence in support of your allegation.

 

3. Engage a local lawyer having experience in this field.

Krishna Kishore Ganguly
Advocate, Kolkata
25416 Answers
726 Consultations

5.0 on 5.0

1. Act of deception can be considered as an act of cruelty but incompatibility is no ground to pass a decree of divorce as per Indian Law.

 

2. The time for getting the suit disposed can not be foretold since it depends on multiple factors. Fess vary from court to Court and Advocate to Advocate.

Krishna Kishore Ganguly
Advocate, Kolkata
25416 Answers
726 Consultations

5.0 on 5.0

If both consent to mutually dissolve the marriage it can be done in six months. In case of contest time cannot be predicted. 

G.Rajaganapathy 

High Court of Madras

Rajaganapathy Ganesan
Advocate, Chennai
1933 Answers
8 Consultations

4.9 on 5.0

Dear Ma'am,

1) you can file for a divorce petition by coming to India or by granting a GPA or SPA to an attorney or a family member who can file for divorce on your behalf.

2) As you are Hindu your divorce will have to be Filed either under Sec 13 HMA, which lays down various grounds for divorce, or Under section 13B which is mutual divorce.

3) Deception and in compatibility are not grounds for divorce available under HMA.

4) Certain information with respect to how log you have been married and stayed separated will also be needed to guide you further.

5) The fastest method for divorce is a mutual divorce petition, which will include a 6 month cooling period. It can only be filled if both parts have been living separated for 1 year.

Thank you

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Anik Miu
Advocate, Bangalore
1125 Answers
10 Consultations

5.0 on 5.0

1. Yes, it's possible on the grounds of deception even if the other party does not agree, by filing for contested divorce.

2.  Time for contested divorce cannot be quantified and minimum it takes 1.5 years. Fee differs from one Lawyer to another Lawyer.

Shashidhar S. Sastry
Advocate, Bangalore
3520 Answers
204 Consultations

5.0 on 5.0

Yes you may file a mutual consent divorce petition in India. You have to be present and you may request that it may be done within a week.

Rahul Mishra
Advocate, Lucknow
12251 Answers
29 Consultations

5.0 on 5.0

These grounds are not available in India. Although ou have to go to the supreme court which can give you divorce on grounds of irreconcilable differences and complete breakdown of marriage.

Rahul Mishra
Advocate, Lucknow
12251 Answers
29 Consultations

5.0 on 5.0

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