Hi,
I am from India and I want to apply for can Immigration, but I am awaiting divorce from my partner. It’s already 1 year, my ex in laws are not accepting summons and my ex wife is living in Melbourne on work visa. My child is also living with them. Is there anyway I can apply for Immigration or I will have to wait until decree of divorce? Please assist me.
Hi,
I'm assuming your in-laws live in India in which case they are right in not accepting the summons because your wife does not live with them. Divorces and murder cases cannot be argued in a court on a proxy basis.
Your divorce case will not proceed until you can conclusively prove to the court that you have served the summons on your wife + given adequate time for her to file her written say/her to be present in court. You would need to work out child custody and/or child support separately.
A suggestion that you may want to consider (and which would work):
As India and Australia are members of the Hague Convention, you could serve the summons on your wife by using the service of an Australian agency/court bailiff which is authorized to serve legal summons.
You must then submit evidence that your summons has been served in the Indian court. If your wife does not file her written say, etc, your divorce suit can proceed as
ex parté.
For your PR application:
You must include proofs that your divorce matter has been filed in court + summons has been served + a letter of explanation stating that there is no possibility of reconciliation/ your marriage has broken down completely/ you do not want to sponsor your spouse even in future + a divorce decree will be submitted to IRCC later. You must state that your spouse is not a family member for your PR application.
As for your child, you would need to work that out with your wife i.e. if you would like to sponsor your child in the future for PR
Hope this works for you