Matrimonial dispute in india between two canadian national (born indian).
rajeev
(Querist) 13 May 2014
This query is : Resolved
hi,
me and my wife both are Canadian national. we got married legally in India in 1998 and civil marriage in 2000. I took my wife to Canada in 2001 and she became a Canadian citizen in 2004, while I have been a Canadian citizen since 1988.
after few years my wife started to have extra marital affairs. from 2002-2012 she had four different affairs with 4-5 guys. she also had two abortions with two of the guys. we were living separately for all those years. however we had a mutual understanding that we both would do things for each other (business related). we seized to have sexual relationship for all those years. I have all the documents proof of my wife extra marital affairs....I have dozen and dozens of emails which my wife had send to various people........these emails proves all her bad deeds.
we decided to get officially divorced in 2012 and I offered her money and we came to an agreement that we will get divorced. she took majority of that money and I had also promised her that once my divorce is granted by Canadian court I will pay her last installment of more money........but being a sadistic person that she is.....she took a cheque of mine and wrote her name and withdrew the money from my bank account.......I found that our right away and I made the complaint with my bank and local police in Canada. the bank reversed the transaction and I got my money back.........she couldn't take that and she went to the Canadian court and started filing ridiculous motions after motions. once the Canadian court came to knew what she has done and what kind of person she is..... they started giving judgment against her. she had nowhere to run.. and she started taking insane defense that Canadian courts have NO JURISDICTIONS OVER HER CASE as she is a born India and we had got married in India. the Canadian courts are laughing as her stand and they have given a next court date of June this year where they will throw all these cases away or give a final verdict in my favor.
however in march of last year she came to India and filed a FIR against me in India which had different IPC dhara's like 498A, 323, 504, 506 and section ¾ dowry prohibition act and she also filed a divorce case 5 days later in the local court out here. After some 6 days later when she realized that these dhara’s won’t get me in big trouble she went back and added two more IPC section 406 and 420. She has accused me to stealing crores of her money, she has provided fake documents to local police and local police being so dumb didn’t check anything, they didn’t even bothered to check if they can file a case against two Canadian national when all the ALLEGED CRIME happened in Canada itself.
nothing happened for 6 months and then one day the local inspector came to my place in India and informed me all these things……….i went and hired a local criminal lawyers who suggested that we should move to Allahabad high court and get a bail……….but Allahabad high court transferred our case to mediation center…….that delayed my case or another 3 months……..after the mediation failed I came and applied for bail in the local court………I got the interim bail some two months back and since then my final bail date is getting postponed date after date as first her lawyers asked for an extension on technicality and then the district judge went on holiday and then the local court lawyers has been on strike for last 2 weeks, so nothing is happening. For last two court date I surrender and then I get the next date.
NOW HERE IS THE BIG PROBLEM I AM GOING TO FACE AFTER MAY 17TH, MY CANADIAN PASSPORT GET EXPIRED IN MAY 3RD WEEK AND MY INDIAN VISA EXPIRES COUPLE OF DAYS LATER, WHAT AM I SUPPOSED TO DO AS LEGALLY I CAN’T STAY IN INDIA WITHOUT PROPER VISA AND I CAN’T LEAVE INDIA TO EXTEND MY PASSPORT OR APPLY FOR NEW INDIAN VISA FORM CANADA, AS I ODNT HAVE MY PASSPORT………..WHAT AM I SUPPOSE TO DO, THE LOCAL DISTRICT JUDGE IS SAYING THAT HE CAN’T DO ANYTHING AS THE LAWYERS ARE ON STRIKE AND NO NEW CASE OR APPLICATION CAN BE FILED AND WHEN I WENT BACK TO ALLAHABAD HIGH COURT THEY SAID……….THAT THEY CAN’T TAKE UP MY CASE TILL THE LOCAL DISTRICT JUDGE REFUSED TO GRANT MY FINAL BAIL OR REFUSED TO GIVE MY PASSPORT BACK……………SO FAR I HAVE ATTNEDED ALL THE LOCAL COURT DATES, HOWEVER MY EX WIFE HAS MISSED ALL HER APPEARANCE AS SHE HAS GONE BACK TO CANADA. I AM STUCK HERE AND DON’T KNOW WHAT TO DO.
PLEASE ADVISED ME WHAT ARE MY LEGAL OPTIONS, AND WHAT CAN I DO IN THE LOCAL COURT. ON THE VARIOUS WEBSITES I READ THAT INDIAN AUTHORITES HAVE NO RIGHT TO TAKE ANYONE’S PASSPORT, THERE ARE VARIOUS RUNLINGS IN THIS REGARDS BUT DUE OT STRIKE WE CAN’T EVEN TELL THE JUDGE ALL THIS.
PLEASE HELP.
V R SHROFF
(Expert) 13 May 2014
Only Local Lawyers can help you out.
aslo u r late.
rajeev
(Querist) 13 May 2014
late in what?? also what sections I can ask for relief in my case.......do you know.
Sankaranarayanan
(Expert) 13 May 2014
with the help of the local lawyer only you can file a petition ..
ajay sethi
(Expert) 13 May 2014
you are a canadian citizen . you have to apply to canadian embassy for issue of your new passport if it has expired on 3rd may .
Devajyoti Barman
(Expert) 13 May 2014
You are in real big swoop but you can do nothing.
You will get relief but for this you have to wait.
Do not wait once you get wriggled out of this legal mess, your passport would be renewed.
rajeev
(Querist) 13 May 2014
ajay how can apply for a new passport while having the old passport. I have to surrender the old passport before they can renew it and what about my Indian Visa..........out here I require my passport as well so they can stamp it.
rajeev
(Querist) 13 May 2014
mr. barman don't have I have any option before all this??
Sankaranarayanan
(Expert) 13 May 2014
As of December 9, 2013, Canadian passport applicants outside Canada seeking a guarantor will now have the option of choosing:
an adult with a valid or recently expired Canadian passport (less than a year); or
a member of an expanded list of a variety of occupations listed below.
These changes will make it easier to find an acceptable guarantor. Canadians outside Canada will have more options, including selecting a guarantor from a new list that will include occupations found around the world. If you prefer to choose a guarantor from the list of occupations below, they do not need to be Canadian citizens.
The new list consists of the following occupations:
Medical doctor
Dean/head of university or college
Dentist
Judge
Lawyer/notary
Notary public
Pharmacist
Police officer
Signing officer of a bank or trust company or of a financial institution that offers a full range of banking services (cash withdrawals, deposits, savings)
Veterinarian
Applicants may use previous versions of application forms and the current guarantor list until February 10, 2014.
V R SHROFF
(Expert) 13 May 2014
if lawyers are on strike, one can apply in person. take help of petition writter
rajeev
(Querist) 13 May 2014
Mr. Shroff,
because the lawyers are on strike the judge is not accepting any new applications, so how can I tell him about my passport and visa issues.
T. Kalaiselvan, Advocate
(Expert) 14 May 2014
The issues regarding passport and visa can be taken up with the Canadian embassy in India by making an application in writing narrating the details in brief and seek their help to renew the passport as well as the visa for the purpose of pending legal cases, the embassy officials would be of some help to you in this regard. Try that.
Raj Kumar Makkad
(Expert) 14 May 2014
You can definitely appear in person with the legal preparation from the office of a lawyer. The court is bound to hear you as per law.
