Divorce or Annulment of Marriage
2 years ago
Hi. I am a Sikh girl (Indian citizen) and last year (2021) November to a Sikh Boy having a PR of Canada been living in Canada since 2014. We married in a Gurudawara in Delhi after which we lived together for one month at my place and in Dec 2021 he left for Canada leaving me here. Our marriage is still not registered in Indian Court but I do have a marriage certificate from the Gurudwara.
Due to certain circumstances (which I am not able to understand from my side), the boy (Husband for now) wants to end the marriage and doesn't want to live together anymore. At the moment, he is very verbose about ending this relation, but in my opinion he doesn't want to take any legal action from there and keep my stuck here in the middle of nowhere. I don't have any contact details and knowledge of his whereabouts in Canada.
I want direction and suggestions for the following:
1. Is this a case of annulment of marriage or divorce?
2. This particular scenarion is covered under international law or not?
3. Is the marriage is valid in India and in Canada, as it is still not registered in court.
4. If I want to take divorce from my side or file for annulment of marriage, does the other party have to be present in person in India?
As per the facts mentioned you’ll have to send a legal notice to your husband’s last known address in India, then after that you can file for a divorce/annulment suit in the court and if he doesn’t appear in front of the court then then court will grant you divorce/annulment on ex parte.
A.Dear Madam,
Take it as granted that he cannot get divorce in his life time. On the other hand you may file divorce case and also file complaint with police against him and police may use their long hands to trace him out. You will get justice.
Vaidehi Samant
Responded 2 years ago
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