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UYou can not annul a marriage unless you’re proven to be impotent. That’s how courts do things in India.UYou can initiate a unilateral divorce in Canada.
The problem is India won’t accept it. But if you have no assets in India and your family can tough it out for 498, she can’t do anything about it. Most Indian parents will have some assets, so I do not know your situation.
UShe can get an India court order and can come for properties in Canada. But Canadian law will say GTFO as long as you’re divorced in Canada. If you’re not, it’s a different story.UBefore people say who does that- a lot of Indian parents raise children abroad like they were raised and expect the same type of marriage. And kids do it because they share same values.There was a post someone made before. And this is a scam going on currently in India targeting non-Indian citizens.
See the link: https://www.reddit.com/r/LegalAdviceIndia/comments/1cgpsb1/30m_us_citizen_married_to_indian_citizen/
So what the woman does in these types of cases is they do not want to work on the incompatibility part. They are educated so know how to abuse the system and file a bunch of fake cases like 498, 507…etc. Tbh, all of the fake cases get flushed out. The key part though is that they will file DV crpc 125 maintenance. The issue here is that if you do not pay, the court will attach your properties. If you do not have any assets in India, the court will attach your ancestral properties. The women do it for 2 reasons: 1. Revenge 2. To get a higher settlement.
The sad truth is that if the woman was not so demanding to begin with, and becomes part of the family she could have had a great life. But she decides to listen to her friends/ “well wishers”. Forgets how to be a sensible human and ruins the relationship over a simple apology. Unfortunately, Indian laws are 🚮 and the system is broken.
UIf you had recorded threatening convos of her to your parents, once the police establish their findings, you can file for elder abuse as well. Note: she will retaliate with 498…etc. but if you file first, and get the police report with elder abuse and such (with proofs) she won’t go that far, and settle with mutual.UNAL1. File a police report that property papers are stolen. Don’t say your wife took it. Let the police investigate and come out with your wife as the thief. If you need to bribe, bribe.
2. File divorce on basis of cruelty before she files 498…etc.
3. Then wait.Most sensible advocates will suggest the same.
UNAL.Legally, the uncle does not owe anything to the woman from first relationship since they’re never married. But these days the court has changed that view a little. However, the kids of the First relationship do have a share in his properties- ONLY if they’re ancestral property (look up what constitutes ancestral- there’s rules like non-partitioned…etc). If it’s not ancestral property, it’s your uncles wishes as it is his personal property.
ULiving apart part is what you tell the court. If the other party says no, then obviously it is not mutual anyways.UUnfortunately if she decides to ruin your life, she will. She can file a false rape case and make you roam courts while she never attends them. Look up the case about that Punjabi girl who ruined life of an upcoming singer (I think).This is why Indian law is stupid. The system is so corrupt, and honestly there’s no ethics left in Indian system.
Solution is simple actually: do not register a case without proof. In western countries, Police will look at evidence before registering a case.
UIf it is a mutual or a contested divorce, then it will work. There needs to be a verbiage in the divorce papers that your lawyer can take care of. Once it’s done, just to be on safe side, you can file a mutual divorce in India too. Your lawyer in India should be able to help with this.If it is a unilateral one way divorce, India will not recognize the divorce.
