Legal Question in Family Law in Canada

Hindu Marriage applicability

My brother was married 4 yrs back in india and thereafter obtained permanent residence staus for his wife too. She has been hoodwinking him of all his hard-earned money and has implicated him in a case of domestic violence. In case he comes back to India, after the case has been settled in Canada, is he subject to Canadian law or Indian law as far a conditions laid down in Canada are concerned ?


Asked on 6/25/08, 3:04 am

5 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Hindu Marriage applicability

Depends on settlement of the matter.

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Answered on 6/25/08, 10:30 am

Re: Hindu Marriage applicability

I need more facts. You can call me as I reside in US. Take my number from the website.

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Answered on 6/25/08, 12:35 pm
Bhaskaran D Bhaskar Associates

Re: Hindu Marriage applicability

You will governed by the law of the land for the offence committed. As per your question your case has already been settled in Canada. If she files a fresh complaint with regard to domestic voilence the offence should be committed here for taking cognisance of it. Jurisdiction does count.

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Answered on 6/29/08, 10:19 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Hindu Marriage applicability

Will depend upon terms of settlement in Canada and whether she participated in the settlement process or the man obtained EX PARTE judgement?

If the settlement was with her consent, the matter ends and the final judgement of Canadian court can be useful in India, otherwise not.

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Answered on 6/25/08, 3:33 am
G. M. Gupta gmguptaandassociates

Re: Hindu Marriage applicability

i cant tell about canadian law but in india, if the settlement is valid as per indian laws then it will be valid here

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Answered on 6/26/08, 7:27 am


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