1. For filing a divorce case under mutual consent divorce under the provisions of Indian divorce act, the period of separation is two years, hence  the divorce petition under section 10A of the act may not be entertained because you got married only in the last year.  However Kerala High Court has ruled that the requirement of one year of separation or more before filing a divorce petition by mutual consent under the Divorce Act is unconstitutional, citing violations of fundamental rights and struck it down.

2. She can file the divorce case and you need to be physically present or your power agent can sign the papers on your behalf..

3. If you are not willing for divorce you can refuse the proposal for mutual consent divorce.

4. It depends on what they propose to do or the action taken by them

She can’t file mutual divorce without your consent. Only if she files contested divorce she can file it without your consent 

It is in your interest to agree for divorce by mutual consent 

2) mutual consent divorce takes 6 months 

3) you can execute POA in favour of family member to appear on your behalf 

4) your virtual presence through Skype is sufficient 

5) contested divorce cases take years to be disposed of 

6) you will have to file detailed reply in contested divorce 

7) your personal presence will be necessary during trial to give evidence , for cross examination etc 

If wife is ready then file MCD case. You can appoint your special attorney for this purpose. For what you are waiting for. 

1. Yes. Women has more remedies than men.

2. In Civil case you can appoint your special attorney snd can act through him. But in criminsl case you shall be required to appear in person. 

3. It depends upon contents and nature of the case filed by wife. 

4. Yes. PR status merely denotes permanent resident but it has nothing to do with citizenship. In canada permanent resident is someone who has been given permanent resident status by immigrating to Canada, but is not a Canadian citizen. Permanent residents are citizens of other countries. 

If wife files criminal complaint against you then you have to come down to india to contest the cases 

2) if it is non bailable offence then you have to apply for and obtain Anticipatory bail from sessions court 

3) even if you are not Indian citizen then also you have to appear in court 

1. Yes, she has every right to exhaust her legal remedies. You did cause or not is a matter òf trial. 

2. Canadian passport would not be of any help as you shall be required to face the trial and other cases, if filed by your wife. 

3. It incorrect that case filed by your wife would not effect you. 

4. Yes it can be. 

1. In mutual consent divorce, no reasons will be mentioned, just incompatibility will be mentioned as reason.

2.  You can give power of attorney deed to your close relative in India to appear on your behalf before court 

3. You can decide, if she is filing a contested divorce then she will be coming out with false allegations against you, if you prefer not to participate in the divorce case then it will be deemed that you have admitted all the allegations leveled against you.

4. It would be a case between the married couple alone, however the family may be affected by social stigma due to this

1. Correct, women often have more legal options available than men in certain situations.

2. In a civil case, you have the option to retain a special attorney to represent you. However, in a criminal case, your personal appearance might be required.

3. The course of action depends on the specific details and nature of the case brought forward by your wife.

4. Certainly, permanent resident (PR) status only signifies permanent residency in a country, not full citizenship. In the context of Canada, a permanent resident is someone who holds this status while maintaining their original citizenship.

5. Your wife has the right to explore all legal avenues available to her. The determination of whether your actions caused the situation or not will be decided during the trial.

6. Possessing a Canadian passport won't exempt you from participating in the trial and addressing any other legal matters that may arise from your wife's case.

7. It's inaccurate to assume that a case initiated by your wife will have no impact on you.

8. Absolutely, this is a plausible approach.

You don’t have any other option other than contesting the case against you

1. If you will not appear before the court after receiving notice of her contested divorce case , then the court may pass ex-parte decree in her favour. 

2. The court will pass order /decree in her favor after admitting the contents of her petition , and hence you can appear for you defense personally or through a POA. 

3. She can claim alimony from you

Dear Client,

Divorce and False Allegations:

If you believe your wife is making false allegations against you in order to pressure you into agreeing to a mutual divorce, it's important to excise your rights and legal options. False allegations can have serious legal implications, and you should not ignore them.

Response to Legal Proceedings in India:

You may need to respond to legal proceedings in India. Ignoring legal proceedings could result in unfavorable outcomes.

International Jurisdiction:

As a Canadian citizen, you might have certain protections under international law, but these can vary depending on the specifics of the case and the agreements between the countries involved. It's crucial to consult with an attorney to understand how the case might affect you as a non-resident Indian.

Impact on Your Family:

Legal proceedings can sometimes have a wider impact on families. It might be possible for your wife to include family members in legal matters.