New Domestic Assault Rule

[Bs65]

If the OP is from such a wealthy family and is educated then unless I missed it the OP should employ a lawyer and not keep a discussion going in a public forum. The lawyer will sort out the divorce and if any good sort out the doubtful qualification for any abuse immigration pilot.

Having said that the OP seems to believe justice system in Canada is more corrupt than India so really the OP should just consider going home if they see nothing positive about being in Canada.

Assume the OP as a visitor is somehow maintaining their legal status in the country and not allowing that to expire leading up to a departure order.

 

[Psharma2k8]

I did the same due to which my assault case got weak. I was back home and nobody cared about my case or investigated. If I go back this time they will still find a way to drop the case. I got harassment from system too. My public prosecutor never spoke to me or called me to crown office. It’s not right. Before making any judgement they must discuss with me. But no my voice was unheard.


How can I reopen my assault case?

 

[canuck78]

I did the same due to which my assault case got weak. I was back home and nobody cared about my case or investigated. If I go back this time they will still find a way to drop the case. I got harassment from system too. My public prosecutor never spoke to me or called me to crown office. It’s not right. Before making any judgement they must discuss with me. But no my voice was unheard.


How can I reopen my assault case?

Unfortunately Canada can’t prosecute every case. In many cases there is settlement or no prosecution. There may have been not enough evidence. We don’t know much about your case. Were you hospitalized due to your injuries? Do you have permanent health issues? Most times both parties go there separate ways and nothing ever happens again. The prosecutors office gets the reports from the police and decide whether to move forward with the case.

 

[Psharma2k8]

Unfortunately Canada can’t prosecute every case. In many cases there is settlement or no prosecution. There may have been not enough evidence. We don’t know much about your case. Were you hospitalized due to your injuries? Do you have permanent health issues? Most times both parties go there separate ways and nothing ever happens again. The prosecutors office gets the reports from the police and decide whether to move forward with the case.

I was not hospitalized because after telling police about my medical health. Nobody took me to hospital. For 15 days I was not aware about what’s happening with case. I tried to speak with public prosecutor but he always disconnected call and staff behaved rudely on phone. I have email trails of 300 emails with police and other government officials. One police officer called me and he was talking unprofessional. When I reported for no contact order violation. He said prove it in court it’s her phone. I investigated independent numbers from where I got call was registered under my wife name. Second time peace bond breach. I recorded my wife voice and sent to police. Nothing happened even recording shows all life threatening warnings from my wife. Police took no action and crown prosecutor is actually dealing like clown of prosecution

 

[Psharma2k8]

I was not hospitalized because after telling police about my medical health. Nobody took me to hospital. For 15 days I was not aware about what’s happening with case. I tried to speak with public prosecutor but he always disconnected call and staff behaved rudely on phone. I have email trails of 300 emails with police and other government officials. One police officer called me and he was talking unprofessional. When I reported for no contact order violation. He said prove it in court it’s her phone. I investigated independent numbers from where I got call was registered under my wife name. Second time peace bond breach. I recorded my wife voice and sent to police. Nothing happened even recording shows all life threatening warnings from my wife. Police took no action and crown prosecutor is actually dealing like clown of prosecution

Unfortunately Canada can’t prosecute every case. In many cases there is settlement or no prosecution. There may have been not enough evidence. We don’t know much about your case. Were you hospitalized due to your injuries? Do you have permanent health issues? Most times both parties go there separate ways and nothing ever happens again. The prosecutors office gets the reports from the police and decide whether to move forward with the case.

Should I wait for any serious injuries or time when my offenders try to kill me to death? Then I am eligible to get justice in Canada?

 

[canuck78]

Should I wait for any serious injuries or time when my offenders try to kill me to death? Then I am eligible to get justice in Canada?

There is only so much money to prosecute cases so the police and crown make decisions based on cases that they feel have adequate evidence and that are more serious. They issue restraining orders and peace bonds in other assault cases. If you want to sue your wife in civil court you are free to go ahead all you need to do is hire a lawyer. You have returned home and are not at risk of assault in Canada so I’m not sure what your issue is.

 

[Psharma2k8]

I checked today with Indian lawyer they gave me in writing that it’s not possible to give divorce in India as your wife is never gonna receive summons. Can I sue my spouse from Vancouver?my spouse is in Winnipeg.

 

[Eveslm]

I checked today with Indian lawyer they gave me in writing that it’s not possible to give divorce in India as your wife is never gonna receive summons. Can I sue my spouse from Vancouver?my spouse is in Winnipeg.

You have been advised to hire a lawyer who will help you with your divorce and assault case. Your Lawyer should be able to respond to these queries. You have a complicated issue and you might not get the answers you are looking for here. Best to look for a good Lawyer, file the divorce etc.

 

[Psharma2k8]

You have been advised to hire a lawyer who will help you with your divorce and assault case. Your Lawyer should be able to respond to these queries. You have a complicated issue and you might not get the answers you are looking for here. Best to look for a good Lawyer, file the divorce etc.

Thabks

 

[canuck78]

I checked today with Indian lawyer they gave me in writing that it’s not possible to give divorce in India as your wife is never gonna receive summons. Can I sue my spouse from Vancouver?my spouse is in Winnipeg.

There are 2 issues here. You should get a Canadian lawyer to file your divorce case. It would make much more sense to hire someone in Winnipeg in case they have to go to court. You’d be responsible for their travel costs. If you want to sue your wife in civil court for the abuse you can hire a lawyer as well. I don’t think it would make financial sense. But if you come from a very wealthy family, I guess you don’t mind potentially spending tens of thousands of dollars.

 

[Miraclejj]

The OP definitely can file one side of divorce in India

1. TO KNOW ABOUT CONTESTED DIVORCE-
If you are not getting a mutual divorce then you can file a contested/one sided divorce on merit. But no divorce can be filed within one year of marriage exception being adultery and bigamy.
You can mention the problems you are having in your married relation in your plaint.(in detail under second head)
The provision for Contested divorce is enshrined under section 13 of The Hindu Marriage Act,1955 and the grounds for divorce are- (whereas section 13-B provides for uncontested/mutual divorce)
1. Voluntary sexual intercourse with another person
2. Treating the petitioner with cruelty(mental, physical,emotional torture)
3. Deserted the petitioner for not less than two years.
4. Ceased to be a Hindu
5. Respindent is of unsound mind, suffering from leprsoy, venereal disease.
6. Renounced the world.
7. Not been heard for 7 years.
8. No cohabitation between the parties.
9. Living separetly but still one of the parties not willing to give divorce.
10. Judicial separation

The OP only picked one of the grounds of No.7, because it just fit in his agenda. Oh, wait, it is not about where to divorce anymore, it is about getting revenge now. Anyway, the only agenda the OP has is to find a way by all means to immigrate to Canada, period.

 

[Psharma2k8]

The OP definitely can file one side of divorce in India

1. TO KNOW ABOUT CONTESTED DIVORCE-
If you are not getting a mutual divorce then you can file a contested/one sided divorce on merit. But no divorce can be filed within one year of marriage exception being adultery and bigamy.
You can mention the problems you are having in your married relation in your plaint.(in detail under second head)
The provision for Contested divorce is enshrined under section 13 of The Hindu Marriage Act,1955 and the grounds for divorce are- (whereas section 13-B provides for uncontested/mutual divorce)
1. Voluntary sexual intercourse with another person
2. Treating the petitioner with cruelty(mental, physical,emotional torture)
3. Deserted the petitioner for not less than two years.
4. Ceased to be a Hindu
5. Respindent is of unsound mind, suffering from leprsoy, venereal disease.
6. Renounced the world.
7. Not been heard for 7 years.
8. No cohabitation between the parties.
9. Living separetly but still one of the parties not willing to give divorce.
10. Judicial separation

The OP only picked one of the grounds of No.7, because it just fit in his agenda. Oh, wait, it is not about where to divorce anymore, it is about getting revenge now. Anyway, the only agenda the OP has is to find a way by all means to immigrate to Canada, period.

I have written letter from Indian court to file case where your spouse resides. Why would a person need to wait for 7 years for one side divorce? I don’t from you did your law education. First of all don’t be abusive and sarcastic in your reply. Number 2 : May be your cultural values are different then us. So you will not understand marriages in India. If fight to get justice is revenge in your language or experience. You should join media ASAP. Cause you simply blame without going with real facts. Get immigration status in Canada is not tough for me. A well said by Martin Guptil,”Never be a big mouth, if you can not swallow”. Good bye may be god bless you some peace of mind