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Want to Divorce - Husband in Pakistan
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LubnaShah Posts: 1
Posted On: 9/3/2013
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I am a landed immigrant in Ontario Canada. I was married in Pakistan 3 years ago and came to Canada after one month of my marriage. I applied to sponsor my husband and after almost three years my sponsorship application was rejected by Canadian Embassy Islamabad Pakistan. Due to that reason, I had many fights with my husband and his family over the phone. They always accused me that I am responsible for the refusal. I realized that they only need a visa to come to Canada and they really don't care about me. In the past three and half years, they never asked me to come to Pakistan and live with them. Sometime my husband said that I may come to Pakistan by spending air ticket from my own pocket and take him to Canada.
After careful consideration I have decided to take divorce from him. My questions are
1. Can I apply for divorce in Ontario?
2. How the court will contact my husband in Pakistan?
3. What if my husband refuse to accept divorce as he still want to get a visa?
Please note that I have not seen my husband for the last 3 years. I don't have any children or any property or my own house here in Canada and I am living with my sister. I don't work in these days either and no cash in Bank
Please advise.
Thanks
Lubna
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mdmm Posts: 2
Posted On: 5/23/2014
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Dear LostCitizen Karachi & Moderator.
I am requesting for full answer of my complex situation.
My marriage took place 20 years ago in Pakistan , with an American citizen lady,now in USA.I was Pakistani citizen,now living in Canada as a Canadian citizen.
Marriage was islamic . She got a notarized Affidavit ,with her and mine signature that, if we have disputes and she lives separate then i will pay 5 thousands Pakistani rupees per month and she wil keep all jewalry with her.
I migrated that time to USA.After 3 years of marrige , several disputes took place.Police came and told me to live away from her.When living away,she filed for order of protection in New york court.I contested in the court but as a tradition,she got order of protection that i will not contact her again.
One day,in my office , I Got a notice of court,that my wife want and have applied for annulment of marriage.I signed the court papers that I have no objection on annulment and a agree for annulment . After one month ,I received annulment judgement notice from Newyork court that our marriage has been dissolved by Annulment . Court order also say that i will not pay any almony and money because we did not have children and property.
But now after 20 years my ex-wife is demanding for big money.That is total 20 years money and now per month money. By the time of marriage in Pakistan,an affidavit was written that i will pay 5 thousand rupees per month if she lives separate alone after disputes . Total money for 20 years is a big amount.My question is this that ,
1- Do,do i legally bound to pay her money for 20 years and per month according to that Pakistani affidavit ??
2- Is our US court annulment according to Muslim Family Law , that out marriage is completely dissolved,terminated?/
3- She did not claim anything in annulment case in Newyork,USA and court decision also said that I will not pay any annulment.Now can she approach me in Canada ,from USA to claim this money by any law ??
Thankful.
Malik
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