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Canadian Husband left wife in India!! No contact since marriage!

Discussion in 'Visitors' started by rammy_k, Aug 12, 2018.

  1. #1 rammy_k, Aug 12, 2018 at 1:37 AM
    Last edited: Aug 12, 2018
    Hello,

    LONG STORY ALERT!

    This is my cousin sister’s story and we are trying to find out if my cousin could apply for a visitor visa. So that, she can somehow try to get in touch with her Canadian husband and proceed further to getting legally separated/divorced.

    My cousin got married in March 2017. Her husband and mother in law visited India in December 2016 and at that time, my cousin got engaged to this canadian guy. Both of them (mother & son) visited again in March 2017 when my cousin got married. My cousin’s husband never talked to her over the phone/email prior to the wedding and after wedding. Her husband and mother in law returned back to Canada in April 2017. As far as we are aware, they haven’t visited India since then.

    My cousin’s mother in law used to call my cousin and torture her after the marriage. She kept harrassing my cousin to get some sort of medical tests done to prove that she was virgin before marriage. She made my cousin talk to a random guy but not to her husband. We still haven’t been able to figure out on why she made my cousin marry her son but forced her to talk to and meet some other guy. When my cousin refused to talk to this random guy & meet him. Her mother in law started abusing her and started defaming her among family and friends. She started spreading stories or rumours about my cousin’s bad character to cover her own tracks.

    My cousin was very depressed and even wanted to commit suicide. She has finally gained some strength. She went through a huge mental breakdown over the period of year and a half. She has started going to work again. She wants to move on. She also wants to take legal action against her husband & mother in law. She doesn’t trust Indian justice system because her mother in law has contacts with several higher authorities & gangsters in India. There is a good chance that she can use bribery to get everything in her favour. In addition, my cousin doesn’t have a lot of information regarding her husband & mother in law. She only knows their address in Canada and that’s about it.

    I live in a different province and I’ll be happy to invite my cousin to come over here and visit me as well as prepare for any legal actions she wants to take against her husband and mother in law. I’ll support her for accommodation, living expenses and everything. Is there any way she could apply for visitor visa and mention in the letter of explanation the whole situation? Her husband has never contact her before and after the marriage. This marriage has no meaning. My cousin definitely wants to gain her respect back that her mother in law ruined.

    Please advise if I invite her to visit Canada and take legal action against her husband from within Canada. Would she be able to apply even though her canadian husband is not supporting her visit? My cousin only has a marriage certificate to produce when she applies for the visa. She has no other ID proofs related to her husband and mother in law. She hasn’t started any legal proceedings in india because she is afraid that her mother in law could try to get gangsters involved which could harm her and our family.

    Please guide us. We would appreciate any advise we receive in this matter. Thanks.
     
  2. She can certainly apply for a TRV to Canada. She will need to declare that she is married. She will need to demonstrate that she has strong ties to her home country and has no plans on remaining in Canada long term in order to be approved for the TRV. So ideally she will want to show proof of employment, property ownership, assets, etc. If she hasn't previously traveled to several countries requiring visas such as the US and UK, she will want to request a short trip to Canada (e.g 2-3 weeks). Since her husband is Canadian, this will increase the chances of the TRV being refused since IRCC may have concerns she has plans on remaining in Canada long term. She will want to put together a very strong application with strong proof of ties.

    I'm not sure I would mention any of the details you have provided above in the visa application. This may harm rather than help the application.
     
    bellaluna likes this.
  3. Sorry to hear about your cousin, and I hope she’s in a better place.

    However, I don’t think her story or purpose to visit Canada has any bearing or relevance on her being approved for a TRV. She will have to qualify for a TRV like all other people, by showing socio-economic ties to her home country. Since you say that you have to support her, IMO, that’s not a good sign.
     
    mpsqra and scylla like this.
  4. #4 Bryanna, Aug 12, 2018 at 10:27 AM
    Last edited: Aug 12, 2018
    Sorry to hear about your cousin's situation.


    Short advice:
    Don't bother applying for a TRV. Chances of a TRV approval are zero.


    1. Your cousin would need to declare her husband in the Family Information form. It would seem very unusual that her husband is not inviting her + there is zero communication between them.

    2. She will not be able to file the divorce against her husband in the province where you live.


    With due respect and no offence intended, her marriage and this entire case does not make sense in today's world:
    1. Her fiancé did not interact/communicate with her at all.... both before and after the wedding. Quite strange, isn't it? Or did he have a speech impairment? Or was he intellectually challenged? Anyways.

    2. Your cousin only has the address of her husband and no other documents? Didn't she or her family investigate/check out/get some information about the guy after all she was marrying a complete stranger.

    3. There are no medical tests to prove someone's virginity. And, her husband and his mother would know this.

    4. No idea why your cousin's family and her parents did not object to this unusual behavior of her husband and his mother. She could have filed a police complaint for harassment and mental torture.

    5. It's difficult to understand why the guy married her. This marriage will remain on his records until it is dissolved by a divorce decree by a court.


    Now coming to the issue of the divorce:
    1. Apart from the marriage certificate, does your cousin have any other proofs that she was married? Did she marry in a religious ceremony or in the Marriage Registrar's office? Do they have photographs to prove the wedding?

    2. Like I said earlier, your cousin cannot apply for divorce in Canada.

    3. Your cousin must file for divorce in India because the marriage took place in India + both persons last resided together in India.... otherwise a divorce filed in a Canadian court (even if her husband files it) can be legally challenged in an Indian matrimonial court.

    4. It is very difficult to believe that her mother-in-law can influence Indian courts by money power or gangster power.... nor can they bribe they way through. There are higher/superior courts to challenge a divorce decree if it is not in favor of your cousin.

    5. Hope your cousin has adequate evidence to prove that she has been mentally harassed, etc. because verbal contentions will not work in a court of law.

    6. If your cousin has any grounds to prove that she was cheated/ her husband had committed misrepresentation to enter into marriage then she can file for annulment (not a divorce). For example, is her husband speech impaired or intellectually-challenged? If yes, can this be proved in the courts?
     
  5. Just to add, there really are no legal actions your cousin could pursue from within Canada. Having no contact with/avoiding your spouse isn’t illegal, just morally questionable.
     
    canuck78, Bryanna and bellaluna like this.
  6. http://divorce-canada.ca/divorce-in-canada-faq

    She can try to get a study permit for at least one year in Canada. After a year then she will be able to divorce her husband in Canada only if she is willing to spend a year to get rid of this misery.
     
  7. I'm inclined to believe that there's more than meets the eye in this case (or more than what has been posted here).

    The OP's cousin married a complete stranger without having a word of conversation/interactions with him. And, yet the OP's cousin and her family went ahead with the marriage. Did they not realize that something was wrong?

    She only has a marriage certificate and no other proofs of marriage. She does not have any information about the guy or his family.

    There is a procedure to get married in India + a procedure to get a marriage certificate. But, the OP's cousin has only a marriage certificate as "proof".

    She only has the guy's Canadian address, no other documents. The guy has not filed for divorce even after 1.5 years. There are several points that makes one to question the veracity of this story.

    The OP's cousin need not come to Canada on a study permit if she wants to divorce him. Assuming the marriage certificate is genuine, she can serve the divorce summons on him through her lawyer in India.... and then follow due legal procedures through an Indian court for a divorce/annulment
     
  8. It is obviously due to cultural differences: Many Indian women have an arranged marriage, regardless of their own will in some cases. So you can see from the story that they only met once and got married.
     
  9. Could be a case where there was a significant dowry promised in exchange for PR and then one or both ends of the bargain went wrong. We have seen that previously on this forum.
     
  10. Maybe it is a dowry case.... or these days, the expectations are for a lavish theme or a destination wedding. Yeah, in exchange for PR.

    I can't seem to get my head around this case. Nothing makes sense.

    Maybe it was a marriage of convenience because the OP's cousin knows nothing about the guy or his family. I cannot understand how an educated woman would marry a guy who didn't speak one word to her. Again, this seems to point to the MoC.

    Or, maybe it was just a marriage on paper to ward off some inauspicious beliefs. We've heard of some people first marrying trees, goats and other inanimate/non-human beings before an actual marriage. Sounds silly but it does seem to happen.

    From the guy's perspective:
    Why would he continue to remain in a marriage that's headed nowhere? He hasn't filed for divorce despite the insinuations made by his mother against the OP's cousin.

    IMO, it's easier to divorce the OP's cousin so he can marry someone else.... easier to sponsor someone else after this divorce.

    It would have helped if the OP had to post a bit more information so that we could have advised more appropriately
     
    unlucky_chaser, Buletruck and scylla like this.
  11. Not that it's relevant or adds value, but I should probably have married a tree the first time.......
     
    zardoz likes this.

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