Contactez un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

Living in India, how to get a divorce?

Fill out the form below to receive a no-obligation consultation

  • This field is for validation purposes and should be left unchanged.

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?

Expert Comment:

Notify of
1 Comment
Newest Most Voted
Inline Feedbacks
View all comments

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 Andrew Kania for a free consultation).

Latest Questions Asked:

DC Icon

Mutual divorce

What is the process & conditions of mutual divorce in Toronto & how much time it takes ?

DC Icon

Stock calculation during a divorce

Hi there, I have a question about calculation of stocks during separation. for example prior to marriage I had 100 shares of company X with a value of $1000 ($10 per share). At time of separation I have 200 shares of stock X worth $8000 ($40 per share ...

DC Icon

Can I divorce my spouse who lives in another country

My partner and I are amicable in getting a divorce, nothing to negotiate, she resides in another country and is not planning to return to Ontario. I'm wondering if there is a possibility to file forms online, or must I send the paperwork overseas and h ...

DC Icon

Forcing my spouse back to work when we separate

My wife has been stay at home mom for over 9 years of a 17 year marriage. I've wanted her to go back to work but she has found every reason not to go back. We are nearing separation and my income alone won't support 3 kids and 2 homes. We go into debt ...

DC Icon

I got married in Toronto and divorced in Mexico City. Do I have to register my divorce in Toronto?

I got married in Toronto to my Mexican ex-husband and we divorced in Mexico City in 2009. From what I understood from the divorce proceeding, the judge ordered the court to inform the Ministry of Foreign Affairs to notify the Canadian authorities of my ...

DC Icon


How is the remaining contribution room of a child's RESP shared (assuming an RESP is started but contributions are less than the maximum $50k per beneficiary) if no stipulation was made in the separation agreement? (Note: also assuming each parent cont ...

See All Questions
Would love your thoughts, please comment.x