Need Divorce from wife who left 2+ years ago with son

[bhattisaab]

Hello,

I am an Indian citizen and now a PR of Ontario, Canada.

Following are facts that will help in my query:
1) Married in India - 1996
2) Son born in India - 1999
3) Lived together in India : 1996 - 2006
-----------------------------------------
4) I moved to Canada - Mid 2006
5) Sponsored wife & son who joined me - Early 2007
6) Family of 3 lived together as PRs in Canada : 2007 - early 2012
7) Wife left for India with son - Early 2012
8) Wife's PR card expired - Mar 2012
9) I am Living alone : Mar 2012 - Till today

Can I get divorce here in Canada since we have been separated for more than 2 years now ?
I do not plan to go back to India.

My wife has filed an RCR(Restitution of Conjugal Rights) case on me in India last year.

Please advise what further action can I take towards getting a divorce ?

Thanks & Rgds,
Bhattisaab

 

[zardoz]

Hello,

I am an Indian citizen and now a PR of Ontario, Canada.

Following are facts that will help in my query:
1) Married in India - 1996
2) Son born in India - 1999
3) Lived together in India : 1996 - 2006
-----------------------------------------
4) I moved to Canada - Mid 2006
5) Sponsored wife & son who joined me - Early 2007
6) Family of 3 lived together as PRs in Canada : 2007 - early 2012
7) Wife left for India with son - Early 2012
8) Wife's PR card expired - Mar 2012
9) I am Living alone : Mar 2012 - Till today

Can I get divorce here in Canada since we have been separated for more than 2 years now ?
I do not plan to go back to India.

My wife has filed an RCR(Restitution of Conjugal Rights) case on me in India last year.

Please advise what further action can I take towards getting a divorce ?

Thanks & Rgds,
Bhattisaab

Simply file for divorce in Canada on the grounds of separation.

I'm not sure how she filed an RCR case against you when she was the one that left... Either way, I doubt that it's enforcible on you in Canada...

 

[bhattisaab]

Thanks for the quick revert Zardoz !

I also bought a property in Canada during our stay together from 2007 - 2012.

If the Canadian court grants me a divorce, what part of my property or assets will I need to part with ?

What if she cannot come to Canada either for the divorce case hearing or for claiming her share ?

I have no assets or parental property/share in India.

Thanks again in advance.

Regards,
Bhattisaab

 

[Leon]

If she has already filed for divorce in India, it is possible that the Canadian courts will decide that it should go forward in India instead. You should talk to a Canadian lawyer about that. In Canada, unless there is a prenuptial agreement, the wife often gets half as well as it may be considered that you have paid into retirement funds because you were working while she wasn't in which case she may be get more than half of the assets as you may not be able to dip into your retirement to split that up. You will likely be ordered to pay child support, possibly alimony if she requests it. It depends a lot on how much she fights for it. If she is in agreement with whatever you want to give her, then there is no battle, just a no contest divorce.

You should discuss all of this with a Canadian lawyer. Because you have lived in Canada for more than a year and you have been separated from your wife for more than a year, you would be eligible to file for divorce in Canada unless you prefer to divorce her in India instead.

 

[bhattisaab]

Thanks Leon !

No she has not filed for divorce in India.

Instead, as mentioned earlier, she has filed for Restitution of Conjugal Rights(RCR) in India.
But I do not want to live with her anymore. 16+ years is a long time to give to a relationship.

As you suggested, I'll discuss it with a lawyer here in Ontario itself.

Thanks & Regards,
Bhattisaab