Legal Question in Family Law in India
Hi respected Sir/ Maam
Please guide me on the following legal question
Me and my husband got married 4 yrs back in India under Hindu Marriage Act, My husband is an NRI from canada, ontario. After four months of marriage he left for canada and promised o call me to canada. I tried to trace him but in vain and also gave birth to his child. After three years i received an order from the court of ontario pertaining to divorce on grounds on non cohabitation.
Can I challenge the enforcement of this decree and file a counter suit for restitution of conjugal rights??? And to what extent private international law will be applicable.
3 Answers from Attorneys
File a complaint for sexual abuse under the domestic violence act against him. The Indian court would summon him. I have a few questions, 1. where are his parents 2. where did you stay immediately after the marriage. Some Foreign decrees and judgments are valid under the CPC 1908. We would like to see the judgment before any comments. You may also drop a detailed query at [email protected]
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JSR/141013
as your marriage is solemnized in india ,the divorce passed by the canadian courts is not acceptable in india.you can file a petition for RCR in india and you have number of other options by which u may extradite your husband back to india under penal laws.
dear client as yr marrage happens in India and u both lived in India as husband and wife so that judgement is not binding upon u. u can file petition to declare that judgement as null and void. u can also file criminal proceedings in Indian court. for any legal help call me on 9422611385
ADV PRASAD PATIL
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