Yes you can file an application on this ground saying that the petition is pending on the same ground and she is participating in the same and therefore she can not participate at two places for same relief.

No it will not be too late to represent yourself at this juncture.

Regards

Hello sir , if the divorce proceedings is already pending in Canada , then filing of petiton in India is void by law ..however if you don't appear the court will grant her a ex parte divorce , so you don't actually need to appear here in India .. Kindly be more sure about the proceedings that she has initiated in Indian court .. It may be that she has filed maintanace application .. Kindly share the summons recieved at your residence for better guidence

1) seek stay of divorce proceedings in India in grounds that wife has participated in divorce proceedings in Canada

2) you should engage a lawyer and he should file appearance on your behalf seek time for filing reply

1) Draw attention of court to fact that you are paying maintenance for child as per court orders in Canada

2) That wife application for maintenance is pending in Canadian courts

3) That she has suppressed material facts and not disclosed pending case in Canada

Yor wife cna notpursue legal recourse for similar relief in botht he countries.

If she does as in this case you can file application in one of the country for dismissal of the case.

The maintenance given in one case will be considered in another case in another country.So there is no question of making double payment at all.

So you choose jurisdiction of one country and apply for didmisalofthe casein another

Goodluck.

Hi, the proceedings are already pending in Canada , therefore it is void by law to file the same petiton in other court of law .. You can go fir quashing in high court under 482 Crpc ..

Hi

No it's not late in any situation, you can represent yourself through a lawyer on next date.

File your objection mentioning that she is availing the perks of maintenance in Canada and just for the purpose of harrassment she want to steal more money from you in Indian court.

File your objections and replies, nothing to worry.

Thank You

Yes these are enough ground for getting the same stayed.

Contact a local lawyer

Regards

She can take recourse to either of the two remedies.

Appear in Court in India and apprise the Court of all the relevant facts.

Your wife is blowing hot and cold at the same time, something which is impermissible under law.

Under the present set of circumstances, you are advised to appear in the Court at India, either in-person or through a POA holder.

First of this has to be understand that both of you are resident of Canada. So diavorce petition is not maintainable in India. Off course quashing for proceedings can be filed in appellate court.

Divorce petition can file in India by your wife

Even if it is exparte you can file setaside petition on it and proceed with case

1. Have you married in India as per Hindu Marriage Act?

2. If yes, then you are OCI and have married in India as per Indian Axct for which your marriage and also divorce will be Governed by the Act and at the place by which you had married and where you had married.

3. If she gets a divorce decree in India with order for compensation and you do not comply with the said Court order, it can not be punishable as per Indian law at Canada since you are no more an Indian Citizen but if you hold any property in India the same may be attached by Court order for selling the same for recovering the amount to be paid to your wife towards compensation, if directed by the Court.

4. Moreover, warrant might be issued against you, for non compliance of Court order, for which you shall be exposed to the risk of being arrested on arriving at India.

5. No, it is not at all too late if you represent yourself through your lawyer on the next date of hearing for contesting the case filed by your wife.

1. Contesting similar case in Canada is no ground for quashing the case filed by your wife.

2. You shall have to contest the case fittingly as per Indian law.

3. You can mention during the hearing that she has been contesting the similar case filed by you in Canada.

Please contact via kanoon sir.

You have to appear before the court where she has instituted the divorce proceedings against you in India.

If the marriage was solemnised in India, then she can very well institute the divorce proceedings in India, there is non legal infirmity in it.

You have to appear before the court and explain the stand that you are taking.

You can inform the court that there is already a pending divorce case in Canada and produce the documentary evidence before court.

However since the marriage took place in India, the court in India may not dismiss the case before it on that ground.

The petition prays -

1. Dissolve the marriage by decree of divorce

2. Maintenance for children / wife

Already I am paying child maintenance here in Canada and her maintenance claims is pending and she is participating in the court proceedings here in Canada.

So is there enough grounds to quash this petition in India as she is already claiming maintenance reliefs in Canada

The divorce case pending in Canada alone cannot disentitle her from filing their case in India, you have to challenge the same on merits in India.