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In need of Information - Divorce
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lookingforanswers Posts: 1
Posted On: 11/10/2014
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Hi,
I am a permanent resident and got married to two years ago (2012) in India.
I stayed there for three months and returned back to Canada after the wedding.
In this two years I have applied for sponsorship and the file has been approved and sent to New Delhi as of May, 2014.
I returned back to India a couple of months back.
When I returned back my partner and the in-laws began demanding that I stay in India and not return to Canada until her sponsorship visa arrives.
My visa was only for three months and I had to return back so that I won't face consequences from the Indian embassy.
Since she and her parents were not understanding of my situation I left the country without notifying them.
I tried contacting them after reaching Canada but they did not respond to me.
They immediately are now asking for divorce and have put cases against my family.
They're putting a dowry harassment case against my mom and demanding that I pay them back all the money they had spent on the wedding.
They also have kept a record of all other money they sent me for various reasons.
Now they want a ridiculous amount of money as a settlement.
I want to know the following?
1) Would my marriage be considered registered in Ontario? Would I need to apply for divorce in Canada as well?
2) Can they use any legal action against me and make me lose my permanent resident status?
3) Is there anything I can do from Canada that could help me fight this case without having to pay what they're asking for?
Thank you,
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Moderator Moderator Posts: 4075
Posted On: 11/11/2014
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Hello,
Thank you for sharing your situation and question with us.
We can appreciate that you would be concerned about this situation.
Regarding your first question,
1) Would my marriage be considered registered in Ontario? Would I need to apply for divorce in Canada as well?
Generally, legal marriages performed outside Canada will be recognized here.
Regarding your question about divorce, according to the Family Law Education for Women (FLEW) - Marriage and Divorce section,
Are divorces from other countries legal in Canada?
Ontario accepts that divorces from other countries are legal if you or your spouse lived in that country for at least one year before you applied for a divorce. If neither of you lived in the country for a year, your divorce may still be legal if the person who applied can prove that they have a “real and substantial connection” with that place. For example, if you were originally from the country that granted the divorce and had returned there when your relationship ended, the court could say that you had a “real and substantial connection” to that country.
If you were divorced in another country, you must have a certified copy of the divorce order. If it is not in English or French, you must also have a copy that has been translated by a certified translator. You also need a letter from an Ontario lawyer stating that your divorce should be recognized under Canadian law.
Regarding your second question,
2) Can they use any legal action against me and make me lose my permanent resident status?
As long as you maintain your residency requirements, you cannot lose your permanent residency.
You can find detailed information on what your residency requirements are in our Settlement.Org What are the residency requirements for permanent residents (PRs)? article.
You mentioned that you had already submitted a sponsorship application. Divorce will change the application for sponsorship. You will have to notify CIC of any changes to the application.
Regarding your third question,
3) Is there anything I can do from Canada that could help me fight this case without having to pay what they're asking for?
We suggest that you may want to contact a Lawyer for some assistance.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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