1) ask wife to give in writing that she wants divorce

2) dont rely upon only verbal messages from wife or her family

3) if you have in writing from wife that she wants divorce and you agree to grant divorce she cannot file any false case against you

4) even if she files then you would easily obtain AB for your self and family members . you can also apply for quashing of false complaint in HC

5) if wife has your passport details then she can apply for impounding of your passport before RPO in case you dont attend court

1. Your divorce has to be compliant with the Canadian law if you are a citizen of Canada. Be that as it may, under the Indian law she can file a complaint for domestic violence for acts dating back to the marriage even after the dissolution of marriage unless there is an agreement to the contrary. Any agreement whereby and whereunder she agrees to not to file the cases against you after dissolution of marriage will bind her,

2. Unless there is a warrant of arrest against you issued by a court in India it is not possible to bring you back to India.

Divorce allows a person to break free from an onerous marital relationship. As per the law as it stands our legal system does not allow divorce to be granted on the ground of irretrievable breakdown of marriage or irreconcilable differences. To get a divorce one has to prove wrongdoing on the part of other spouse, and impeccable conduct of one’s own in order to win. Divorce is granted only on proof of fault or guilty conduct of one party and innocence of the other.

The whatsapp message can only use as a secondary evidence .If she file a false case then contest the same. If she got your passport details she can use it in wrong way .

A husband may divorce his wife by repudiating the marriage without giving any reason. Pronouncement of such words which signify his intention to disown the wife is sufficient. Generally this done by talaaq.

There are two categories of divorce under the Muslim law:

1.) Extra judicial divorce, and

2.) Judicial divorce

The category of extra judicial divorce can be further subdivided into three types, namely,

• By husband- talaaq, ila, and zihar.

• By wife- talaaq-i-tafweez, lian.

• By mutual agreement- khula and mubarat.

Formalities of Talaq: According to Sunni law, a talaaq, may be oral or in writing. It may be simply uttered by the husband or he may write a Talaaqnama. No specific formula or use of any particular word is required to constitute a valid talaaq. Any expression which clearly indicates the husband’s desire to break the marriage is sufficient. It need not be made in the presence of the witnesses

According to Shias, talaaq, must be pronounced orally, except where the husband is unable to speak. If the husband can speak but gives it in writing, the talaaq, is void under Shia law. Here talaaq must be pronounced in the presence of two witnesses.

1. Yes, she can file case u/s 498A ,323,406 IPC agaisnt you and your family, more so, if you give her triple talaq as its authenticity is often challenged in court. So either ask her to give you divorce or give triple talaq in her presence in front of registered Qazi.

2. Such written undertaking has no legal force unless it is made before a court of law.You can restrain a person by agreement from exploring a legal recourse. it is her legal right.

3.Take instruction from Indian Consulate if they have an Indian registered Qazi. Else you have to come to India to so this. You can do this mutually through Canadian court as well if their law so permits.

4. It is not possible unless a warrant is issued agaisnt you.

1. Anybody including she can file any case against you or anybody which can not be stopped. You shall have to contest the case fittingly, if filed against you. Try to collect evidence of her cruel behaviour by audio/video taping her conversations without her knowledge.

2. Ordinarily, there is no need to further worry after their executing the said document.

3. File a Divorce suit in India by signing the papers before your Advocate in India or before the appropriate officer of local Indian Consulate. You shall have to engage a local lawyer to file and pursue the case in india.

4. You can be directed to be brought back to India by Court order only and for getting the said order she shall have to file case for you you shall get notice to enable you to contest the case filed by her. So, there is no need to be unnecessarily worry about adverse action on you.

1) if wife has given Khula papers you can sign and have it attested by Indian embassy in presence of 2 witnesses

2) your photograph should be affixed on the Khula papers and stamp of Indian consulate or embassy affixed

1. Regarding divorce I have already advised and there is nothing new to repeat.

2. To get Talaq there is no need to share passport details.i am not sure why you are so apprehensive about it.

1. There are two types of Divorce which can be filed in India i.e. MCD and contested divorce. For MCD both the parties jointly file the MCD petition which is decreed after 6 & 1/2 months from the date of its filing. For contested divorce, you shall have to file the divorce petition on acceptable grounds like cruelty (grounds acceptable by Indian law for granting divorce) when the opposite party will be asked to file reply to the allegation for seeking divorce and on hearing both the parties, the Judge will either reject the suit or allow it by passing the decree of divorce.

2. If she files a divorce suit then you shall be sent a notice enclosing copy of the plaint and on appearing before the Court you shall be directed to submit your written reply to the allegation under affidavit. If you do not attend to the court hearings, the decree of divorce will be granted ex-parte. It is up to you whether you shall part with your passport details with your in laws or not.

1. Can she file cases against me or my family after the divorce citing i forced her to do it and playing the victim part citing whatsapp messages?

What she can do is a matter of guess. But what law says if different, i.e., the whatsapp and other social media evidences are not admissible in court if someone wants to make a false complaint against the person who she wants to avenge.

In such an event you can challenge her false cases properly.

2. In the paper it is mentioned that they will not seek legal action against me and that i wont have any legal claim against them too. Is there any need for me to worry about it ?

This situation can be used in your advantage if at all she is still planning to go ahead with her vengeful activities against you.

3. What is the actual procedure for divorce if i am living in canada ?

Khula is a legal form of divorce as per Shariat laws.

She has the option to even fil a divorce in the court of law as per provisions of dissolution of muslim marriages act.

4. Can she use my passport copy to bring me back to india through indian embassy and get arrested?

She cannot get you arrested or bring you back to India but she may try to misuse the same by giving false threats to pressurise you.

1. What is the actual process of completing this divorce as i am in canada.

If she has intention to give Khula then the procedure what you have mentioned will b sufficient to be followed.

2. How can i complete this divorce without giving my passport details to my in-laws.

The passport details need not be given instead you can give some other address proof details

You should consult a Canadian lawyer to get an answer to your questions.