Legal Question in Family Law in India
Hi respected Sir/ Maam
Please enlight me on the following legal question
I'm a nri citizen of canada. me and my wife got married 4 yrs back in India under Hindu Marriage Act, i stay with her for four months of marriage then i left for canada and promised to call her to canada. we were in touch for 1 year. but later i stop talking with her.from the idle court of ontario i got divorce with her for non cohabition for 3 and half year??? but now she has filed counter suit in chandigarh district court for restitution of conjugal rights ??
3 Answers from Attorneys
Whether your wife stayed with u in Canada? If not, then the Court in Canada may have faltered in granting u divorce. The court at Chandigarh has still the jurisdiction to entertain the petition since she has not stayed with u in canada. Although, court in India is bound by the judgement of any competent court of jurisdiction. If the canadian court has rightly exercised its jurisdiction, than it will be binding on Indian Court and petition for RCR ill not sustain. Let me chech the jurisdiction.
9555462995
The decree of divorce passed by ontorio court is only valid in canada but in india it has no validity.u need to file a suit in india for authenticating a decree passed by canadian courts and also defend RCR filed by her in chandigarh
Defend RCR before she files criminal cases against you and your family. You may also drop a detailed query at [email protected]
To know us better, please click on the links below:
http://www.linkedin.com/pub/rajiv-chandhok/33/7b7/82
http://www.lawguru.com/answers/atty_profile/view_attorney_profile/username#more_info
JSR/171013
Related Questions & Answers
-
I want to know what is the costing for making a will.. Asked 10/16/13, 3:05 am in India Family Law, Divorce, Child Custody and Adoption
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
