I immigrated to Canada with my wife and two girls from India. My wife was harassing me in India as she wanted to help her parents financially who just wanted to use my money. She threatened me with DV and 498A in India but was not successful as her lawyer advised against it. I decided initially not to go to Canada but she cried a lot and promised me not to harass me any more and also gave an apology in front of the lawyer on a non judicial stamp paper and withdrew all false complains to a female organization which she had filed in India.
I thought once in Canada she would be away from her parents and will be better as her parents were alwasy instigating her against me.
In Canada, while I was struggling to settle down, I learnt that she was quietly visiting "female support center" and was falsely complaining about me.
I could not get a job in Canada and I had a very good job and professional life in India so I decided to come back to India with family but she clearly did not want to come to India. She asked me to file for government help to which I refused.
She learnt that single woman can get lots of benefits in Canada if they have kids. So she filed a false charge of "child abuse" against me. This charge was quickly investigated by appropriate agency and found baseless because she had coached the older kid and that became apparent. Unfortunately she has been successful in maligning my kid's mind as for the most part I would be at work and she would be with kids.
I had in the interim decided to come to India and she is claiming benefits of Canadian Government in Canada while keeping kids.
She does not want to come to India and I do not want to settle in Canada.
I also have made up my mind not to stay with her anymore as I have suffered enough, so far I was staying with her for kids but as a "stay home" mom she has successfully turned my older kid against me and she would probably do the same thing with little one.
Questions:
1. Can I file for divorce in India while she is in Canada?
2. Are there any laws which would force her to come to India with kids as I feel I have right to kids as well. We all still carry Indian Citizenship and it would be at least another 4.5 years before we can file for Canadian citizenship.
3. I have already initiated my petitions against her for welfare fraud and immigration fraud - but Canadian legal system is complex and way too costly.
I would certainly appreciate all responses here and hoping to find a really intelligent lawyer here whom I can retain to fight this vicious minded person.
