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Living in India, how to get a divorce?

Anonymous Asked:

Hi, I am an indian citizen and my wife is a canadian citizen. We got married in India in Nov 2012. She spent 3 months with me in India and then I immigrated to Canada under spouse sponsorship in Sep 2014.

After coming to Canada, I stayed with her at her parents house for one full year till Sep 2015 and now I have come back to India.

My wife has got anger issues and I cannot stay with her any more, she has no clue that I am thinking of divorcing her. I had to make an excuse to get away from her and came to India.

Now, I am confused how to go about divorcing her, should I do it in Canada or is it better for me to divorce her here in India?

Could you please assist?

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Andrew J. Kania, LL.B., LL.M.
8 years ago

Thank you for your question. I cannot comment upon the law of India. However, I can state that you are entitled to pursue a divorce in Canada, even though you have returned to India and are an Indian citizen, as long as your wife has ordinarily resided in Canada for at least one year prior to the commencement of the Divorce Application. As she is a Canadian citizen living here I assume that this requirement is easily met. I can most certainly assist you with obtaining such a divorce without your presence in Canada, as there is only one original signature required from you and we can provide you with this required documentation in due course. If a Divorce Application is first commenced and served, then you can sign the required Affidavit in front of a Notary Public in India and then return it to us. If you wish a free consultation, we can speak over Skype. You are welcome to send me an e-mail at ajkania@kanialawyers.com to make the necessary arrangements if you so choose.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Douglas Briand for a free consultation).

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