it will take near about 2-3 years to get the canadian citizenship.what would be the better option.i am married to him for the last 8 years,ours is an intercast love marriage(me:hindu,he:sikh),we have one four year old child,recently i came to know that he is having terms with a girl from the last 2-year or so.
2007-09-06 08:20:13 · 8 answers · asked by cuttiii 1 in Family & Relationships ➔ Marriage & Divorce
There is more to this question than just Citizenship...
First, I am sorry to hear about your situation. But any decision you take.. you should think about your child too.
If you are an independent women, I am sure you can get in touch with a lawer and see where it goes. You also need to be sure how you would secure your future.
Its tough being a single mom but not impossible.
If you do not work and its tought, then its better to go home and build a better future for your child with your friends & family's support.
This is just my view, but the final choice is yours. You seem to be a genuine person, and I am sure you would take all the factors into considerations and then take a decision.
God bless.
May the force be with you.
2007-09-06 11:36:49 · answer #1 · answered by mayankumar 2 · 1⤊ 1⤋
If you are a hindu and your husband is a sikh both of you are considered hindus under the Hindu Marraige Act, so this will be the law applicable to you.
You can divorce your husband on any of the grounds mentioned in Sec. 13 of the Act or you can get a divorce by mutual consent.
If you feel you want to wait 2-3 years and get the passport before you divorce your husband you can do so, this may give you time to sort out any differences between you and your husband, so i suggest you try to make your marriage work and if all else fails you can always get a divorce.
2007-09-07 12:32:00 · answer #2 · answered by Pramod R 4 · 0⤊ 0⤋
If u file a mutual petition for divorce in the court where ur marriage was performed, u will get a divorce within six months. Otherwise it will be a problem for u because in family court the party should be present on every hearing date.
2007-09-07 02:33:05 · answer #3 · answered by VP K 3 · 0⤊ 1⤋
Check with a immigration lawyer. In USA, they have 'innocent spouse' law, if you get divorced for a good reason, you can still get citizenship through your marriage if you were married for more than two years. I don't know if Canada has anything similar.
2007-09-06 16:06:44 · answer #4 · answered by growing inside 5 · 1⤊ 1⤋
It will also take about 3 years in Canada to get a divorce.. Perhaps you need to see what the laws are in your country.
2007-09-06 15:28:15 · answer #5 · answered by sylviavnpttn 5 · 0⤊ 1⤋
You both Indian Citizens must have married in India according to Hindu/Sikh form of marriage hence you are covered under the provisions of the Hindu Marriage Act,1955,unless you got married in court or before the Marriage officer under the provisions of the Special Marriage Act,1954. In either case the jurisdiction for the purpose of divorce lies in the family courts of India not Canada. The option to get divorced in Canada itself exist only if there is some common matrimonial/divorce laws relating to foreigners married in their country but now living in Canada as resident immigrants or Canadian citizens, which I think is there. These common matrimonial laws have to be checked by you & applicable to your marriage & divorce you can seek divorce on the basis of these common laws. The decree of such divorce will be valid in India if these are not in contravention of any of the conditions of section 13 of the Civil Procedure Code of India. The usual conditions are that the matrimonial laws under which you got this decree of divorce is not in contravention with any of the Indian matrimonial laws, this decree of divorce has been taken after a proper service of notice to the other party & dercee so granted is based on the merits of the case or it has been taken either by mutual consent, no fraud or undue force used for getting such decree/order of the court, such dercee has been passed by court of competent jurisdiction , etc. If any of these or conditions as provided under section 13 of the C.P.C. are fulfilled this decree of divorce will be legal & valid in India. This the legal position in you case.
2007-09-06 21:30:36 · answer #6 · answered by vijay m Indian Lawyer 7 · 6⤊ 2⤋
consult a lawyer before you do anything. If you can prove adultry then you stand a better chance of getting alimony as well as custody of your child.
2007-09-06 15:32:58 · answer #7 · answered by Moe 3 · 0⤊ 1⤋
Take the advise of lawyer.
2007-09-06 20:24:53 · answer #8 · answered by Anonymous · 0⤊ 1⤋