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Angmo C (Org)     28 March 2013

Married in india w/ nri canadian citizen, seeking divorce

I got married to a NRI Canadian 1.5 years ago. It was an arranged marriage. Soon after the marriage there were lot of behavorial incompatibilities and due to my husband's excessive drinking I had to face several embarrassing social situations.

My husband's entire family is settled in Canada.

He never filed my papers for immigration and has not returned since the last 9 months. My family initiated dialogue with his family and we agreed on a Mutual Divorce.

1.4 years have passed since marriage. 

He agreed several times to come to India and file a MCD application in court but he always has some excuse. I do not want to file false cases and want to get out of this in the most quick and amicable manner. 

Different lawyers have different approaches towards this and I am not sure what my options are here.

What are my options if he does not want to come to India to file the papers. Can he give a POA on his behalf? I believe that is only possible in special cases or through video conferencing but I am not sure if that is the norm.

What about ex-parte, what are my options there? I am not claiming any compensation, as my priority is to get done with this and move on with my life.

Please advise the best recourse here.

Thank you in advance for your effort and time for your answers!



Learning

 4 Replies

Tajobsindia (Senior Partner )     28 March 2013

1. MCD is best suited option.
1.1
. Which city in India you live?
2. Through PoA OR Video Conference route MCD papers can be allowed.

3. Both routes I have discussed at length here search and review them.

4. Suggest exploring in next 3 months above two options based on city you ordinarily reside.

Manish Udar (www.Mehnat.IN)     28 March 2013

File on basis of cruelty. You will get ex-parte.

www.mehnat.in

Angmo C (Org)     28 March 2013

Thank you tajobs and Manish for your answers. Manish, what is the process of filing ex parte on basis of cruelty? Will he face any repercussions based on the allegations when he visits India again? usually how long does it take? I believe if both parties reside in India then it takes anywhere from 12 to 18 months. thanks again.

Manish Udar (www.Mehnat.IN)     28 March 2013

You take full sympathy of the judge. Go and weep in front of the judge that the husband is denying you love and affection and physical relations in the prime of your youth, and is not ready to have children with you. Expose his alcoholism. Cry and request for quick dates. Make an application for quicker hearing. Say that there are many things which you are not saying but which you may reveal in the future. Make allegations that he has some other arrangement. Write to NCW and newspapers.

www.mehnat.in


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