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 ?
5 Answers from Attorneys
Re: Hindu Marriage applicability
Depends on settlement of the matter.
Re: Hindu Marriage applicability
I need more facts. You can call me as I reside in US. Take my number from the website.
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.
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.
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