Divorce order gets from canada
Law Querier
(Querist) 13 June 2012
This query is : Resolved
Wife has been living in Canada since 8 years. She was coming to marry in India. Before marriage, there was a plan that wife sponsored her husband to Canada after completion of marriage. Then, she went back to Canada after marriage and Husband was in India. There were disputes arose on telephone because of small reasons between husband and wife. Then, wife had decided to divorce with her husband but husband don’t want to divorce. She entered a case in Canadian court for divorce and also entered a divorce petition, Section 13 (1) (ia) in family court of India by make POA to her father. Husband is contesting divorce by giving reply in Indian family court. As per Canadian divorce law if husband and wife live separate for one year then they can get divorce. Now, there is a completion of one year of separation of husband and wife. So, Canadian court has ordered divorce and sent divorce order letter by post to husband’s house in India. Wife has PR status or Working visa status in Canada. She is not citizen of Canada.
I am from husband side. What legal action husband take against his wife? Can husband put any allegations to his wife who is in Canada? Can you refer any similar cases?
Adv.R.P.Chugh
(Expert) 13 June 2012
1. Since the Indian Law (HMA) does not make living apart for one year as ground for divorce - the foreign court judgment is in contravention to Indian Law - and is not conclusive.
2. Secondly it is not conclusive because - A) it was not on merits
B) Against Natural Justice. (S.13 CPC)
R.K Nanda
(Expert) 13 June 2012
Agree with Bharat Chugh.
Shonee Kapoor
(Expert) 14 June 2012
Though I agree with Ld. Bharat, but why would husband like to challenge the same.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
