Legal Question in Family Law in India

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Status: Approved 1/25/11, 8:31 pm QuestionSorry my case is complicated and confusing and I may not be disclosing all the details. I am a Canadian Citizen of Indian origin and staying in canada for 6 years. I had sponsored my wife and son 6 years back to Canada. They came to Canada for 15 days and went back to India and let the visa expire and we have been seperated for 7 years. According to me, she went back because of her mother and brothers, my father in lawsdeath, her business assocaites and because of her hatred for my blind father, I did not want another child etc..They did not demand any maintenance for 5 years due to ego and also because they did not want to send my son to me in canada even for a vacation. I am poor in canada because I broke down because my son did not come to canada. Also I am studying, working part time and got some loans to repay, did some voluntary jobs.

My brother is in U.S. well settled, no children and my mother passed away 22 years back. My blind father is in India and is staying in the house which is in my name.

We have not taken any dowry. Infact my father, myself and my brother have given money to my wife and son.

After I became a Canadian Citizen I went to India and saw my son after a lot of difficulties. My son is 18 years old. I paid about Rs. 7 lakhs for my son`s Aeronautical engineering admission and other expenses.

Now my seperated wife says that she is not living with her mother. she is still my legal wife. My father is giving her Rs. 15, 000 per month for the last 6 months.

My wife has been saying that she will file a case in the police station for the last 7 years. but she has not done it so far. But this has disturbed me and I don`t want to marry again. I am a Chartered accountant from India, passed the C.P.A. exams in U.S. but I am finding it difficult to get a permanent job in Canada due to the recession. I don`t want to settle in India because of my inlaws bullying and my relatives avoiding my father. My father is staying with servants in India

My question is

1. Can my wife deport be back to India by reporting to the Indian embassy�

2. If my wife wants to stay with my father in my house, we are willing to let her stay. But can she drive my blind father from the house which he has been staying for 18 years though it is in my name. For some reason my father is not going to U.S.

My inlaws are not taking a passport/renewing it for my son for the last 5 years.

I always try to speak to my son over phone. He says that he has stopped my wife, his mother from going to the court/police. But now he is also asking for money to buy a byke and his college fees next year. He has been brain awshed into thinking that my blind father spoilt the family. My bother is willing to bear the expenses if my son is willing to look after my father. But my wife is not allowing him.

Can I get a passport and tourist visa for my son without going to India and without his mothers consent

My wife was not willing to give me a divorce for 6 years. My interest in divorce was only to the extent of seeing my son in Canada. The lawyer had told me that without divorce we cant fight for son. I do not want to remarry. Now my wife is willing to divorce with mutual consent if I give Rs. 50 lakhs. The lawyer who tried to mediate asked me to take the money from my brother. I do not have any money except credit card limits. My brother is angry with my wife because she quarelled with my father, broke the articles in the house and asked my father to leave the house.

Is it better not to divorce and not to go to India and stay in Canada and find some way to see my son in Canada

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