Hello there, team.
First and foremost, thank you in advance for assisting everyone else who has been in a similar situation.
So here's the deal.
In 2017, I moved to Canada, and in 2018, I married in India. I married and brought her to Canada on PR. I am not yet a Canadian citizen, but I am a permanent resident.
However, in 2019, she fled the house while I was away, taking all of my gold, cash, and other assets with her.
Long story short, she filed a case in Canada, and the court rejected all of the complaints and ordered a mutual divorce in Canada. Divorce was granted, but she was also duplicating the same thing happened in India. Despite this, she never returned to India after her marriage. Her current residency status is also in Canada. She filed a case online through the National Commission for Women in New Delhi. Her family encouraged her to pursue her goals.
I have been open and honest with the Indian police, sending them all of the reports from Canada stating that nothing happened here and that the divorce has been granted. In any case, they still filed a FIR against me. According to them, the National Women Commission is pressuring them to file a FIR.
I only lived with her in India for a month before returning to Canada, and she only lived with my family for 6 months before moving to Canada.
What are your options now?
I am from Delhi, and she was living in Calcutta with her family before marriage, despite the fact that her family home is in Punjab, and I have never visited or married in Punjab. The wedding took place in Delhi.
I'm still baffled as to how the police could file a FIR in this case.
The lawyer we hired keeps telling us that this is a non-issue and that he has filed a quashing motion, but I'm not convinced. In India, the police continue to harass my family. Is there any way to finish this? I am extremely upset about the harassment my 70-year-old mother is subjected to. Please give me clear advice because I have several lawyers.I'd like to know what the actual law says, assuming that there is one in India.
Your responses will be greatly appreciated.
Asked 3 years ago in Family Law
Religion: Hindu
There is no serious DV stated as it's a set format of complaint which the advocate advised. In general mom and family harassment and also I tried to abandon her. There was no DV case in Canada and no police records for the same. Same claims she did here and same she did in India. The judge ordered to dismiss on a mutual settlement here. This was also mentioned in the complaint in Canada for a duplicate complaint filed in India. However the courts doesn't care about India here.
Asked 3 years ago