Second Marriage Based On Lies / Fraud - Life Is In Super Mess

mohini16 · Jan 2, 2020

Deborah said: ↑

@mohini16 -
as far as I understand Indian family law, fraud like in your case is not a case for divorce unless there is a long period of desertion ( 2 years I think, although not sure).
Since your husband has not deserted you and neither has it been very long since your marriage, you can't file for divorce in India as of now . That's why , your lawyer is suggesting to file for fraud in order to create a record with the court that your H is neglecting his duties. This will come useful when you will file for divorce whenever you do.And also this way , you might end up getting some money from him.
Irreconcilable differences is again not a ground for divorce in India , so again you can't file under that.
I would say that consult a lawyer with expertise both in family and international law. Clearly tell them that you don't wish to stay in India , so should you go ahead and involve yourself in a legal case in India or not ?
If you move to Canada and file there ,I don't see why will you be liable to pay him any alimony ( as someone suggested above ). You would be getting a divorce ex parte ( that means the other party or their legal counsel don't show up in court despite of being notified ). In such cases , child custody also rests with the person who files for the divorce and custody since the other person didn't even turn up in court. Even if he did manage to turn up , child custody won't go to him automatically.

I would advise getting a sound legal advise before you take any step legally either in India or Canada. Try contacting a lawyer in Canda too right now if you happen to have contact of one there.Perhaps filing an FIR for negligence of marital duties now might be a proof acceptable in both courts later.

Tie all your loose ends first ( legal ) and then make a move .
Click to expand...

@Deborah
Hi Deborah , I am opening this thread again , its been exactly one year , All who dont know the situation , can go through from my first post .
I am back in Canada since last one year and delivered cute baby here , my baby is citizen now here too and i got baby's birth certificate and passport with only my name on it (no father's name) .
Now this guy who disappeared ,ran away from responsibility of father and husband came back and calling me from india , and has started threatening me about baby that if i dont come back to him ,he wants to see baby and he has right to visit baby .
I told him i am not coming back to india ,he is saying he will complain to indian /canadian embassy that i ran away with baby.
Now here is the situation , i got married to him in india and marriage was never registered (at time of marriage i was canadian citizen too) so im guessing hindu marriage act will not apply on me .
then i came back here and delivered baby so baby is canadian too with no name of this guy what so ever on any documents.
I need to goto india to visit my family but i am concerned if he will create problem for me in immigration or will show up at my house and create scene by snatching baby.
i was thinking marriage was never registered so this fraud will trap someone else and i will stay with my baby and has all documents under my name.

Does anyone have any idea about which law will be applicable on baby ... I am contacting Canadian attorney too to see if i can annul or divorce that fraud marriage here and have full custody of baby so next time i goto india ,i dont need to worry about this guy ,but if it is not possible then indian courts will take decade to get divorce done ,im not even sure in my situation when im not indian citizen and marriage not registered on paper anywhere what will happen ,
but in this whole mess ,baby is at question ,he is playing his dirty tricks now to bother me and using baby.
if anyone has some knowledge please guide me, Thanks

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Second Marriage Based On Lies / Fraud - Life Is In Super Mess

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