This is Suresh Kumar, As i had worked 3 years in Dubai and 2 years in Singapore before marriage, at the time of marriage proposal in 2000 from my inlaws side they offered to apply for Canada immigration which will be processed with in 6 months they said.
I applied for Canadian PR in 2000 and got it only in 2005. By this time i had settled with a Job in Kochi. Still I thought i will check how Canada life would be.
I landed in Canada on 8th August 2005 and was staying at my sister-in-law's home, as I felt the climate does suit me and better to stay back in India, I left Canada by November 2005. At that time as my wife was in the advance stage of second pregnancy she could not come with me and she said she will come
after the delivery.
Later she did not want to come back as she want to live in Canada where her sister and brother are who got the Canadian citizenship already. If she also gets Canadian citizenship they can climb citizenship for their parents as all children are living in Canada.
They have been asking me to come to Canada saying the benefits like free schooling, medical and cash benefit after 65 years like that. So I even gave back all the PR card, health card &etc. to her parents in India to
show my stand. I was hoping that she will come and join me. Even after a year and half she did not want to come she said while chatting. So I senta legal notice to come and join me with in a month. For which she replied that i have been cruel and abused her physically and immigrating to Canada was a condition for the marriage etc etc and then finally that she will come and join me any where else in the world except kochi here i am working. Once she came to know that my PR status will become invalid as I stayed away from Canada for 2 years in the first 5 years, she has come to India and has filed divorce case & claimed alimoney in November 2007 and gone back and thus deserting me.
The grounds she has mentioned is desertion & cruelty.
I filed for restitution of conjugual rights. She has given her father power.and since filing the case she has apperared only once in the court. Her lawyer and father dragging the case and now even after 2 year and 3 months they have not filed any proof affidavit in there divorce case my resititution case is in partly heard stage and now in last hearing new lawyer came and she wanted 2 months time for getting the vakalath signed from Canada even as the power agent ( her father ) has got the powers to appoint advocate and sign vakalath.
Now i would like to know whether i can file a new petition saying I agree for divorce without accepting the
aligation and alimoney claim. And as I have been seperated since Nov 29th of 2005 and the case is pending
in Chennai High Court since Nov 2007 can i file a petition for early disposal. For early disposal should i need to go to High court ? and need to appoint a lawer? Kindly advice.
Thanks in advance,
Suresh kumar
