1. Ideally you should appoint someone close via Power of Attorney before leaving for CN and make appearance in a Court as and when your Evidence are required to get Decree in Divorce.
2. You are not suggested to file Divorce in Canada as it will not be valid in India.
3. As and if he files RCR it may go exparte against you due to your non-appearance and then within one year he is eligible to seek Divorce from you. Also with exparte RCR he is eligible for not paying any maintenance to you.
4. If you donot want to press your divorce case in India then you can withdraw it on your own (or via your advocate) or if you donot make appearance with passage of time it will get dismissed due to your non-appearance.
5. Normally divorce case goes for average 4-5 years. It also is subjected to Court workload and various related subjective factors.
6. If he is not earning and can prove the same via Court Commissioner Inquiry then he will not be asked to pay "maintenance". If he cannot do that then based on State's Minimum Wage pre-ponderence possibilities Court will levy base minimum maintenance amount upon him. He can seek "visitation" and unless you/your side proves that he is rapist or anti-social and/or threat to society he is still eligible for visitation of his child. So far as "custody claims" of minor goes; a fit parent is one who can nurture h/er child to the best of h/er capabilities under h/her personal protection and care and show the same to a Court. In my opinion a natural father is natural father inspite of current unproved allegations of his drunkenness and hence a harm to tender minor, hence at this stage it shall be social disbelief that such alleged natural father will not be declared fit to be custodian father if he sets motion of court vis-à-vis your physical absence in such tender age of minor in question. Court like to handover custody of minor to a fit parent and not to a absent parent. Hence, see where you as tender age minor’s natural mother vis-a-vis alleged to be drunkard natural father fits in eyes of law as well as society of minor and possibly claim to succeed when and/or if such 'custody' claim being made by a natural father.
7. Mind it when you say you will get PR status then it is obvious you may call for minor to CN and without natural father’s written consent the child cannot be removed from Indian jurisdiction to CN jurisdiction and at the CN airport itself you will see the Authorities hurdle! So donot make hurried taken for granted decisions when a minor is in crossroads between parties.
8. Question here is can your parent produce proof of his drinking habit and thus harm to his own minor? Question here is can your parent and or you produce proof of neighbor(s) of his drinking habit and thus harm to his own minor? Question here is can your parent and or you produce proof of relative(s) / immediate family members of either side on his drinking habit and thus harm to his own minor? Question here is can you as respondent in a 'custody' Application of a natural father subject natural father to medical test to prove his drink contents in his blood and thus harm to his own minor? To me the answer is awaiting in a Chamber discussion and hence make a call accordingly when question of tender age minor 'custody' cometh and hence I never give generic reply when such question is asked in forum unlike some so called child custody experts here who barb that custody of minor is always with natural mother!!!!!
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