Hello, my husband is an officer in State Bank of India. I am a Canadian citizen. At the time of marriage, I was an Indian national & held Canadian PR. I have sponsored my husband for Canadian PR & now he is an Indian citizen & holds valid canadian PR. At the time of marriage my husband & I had a clear understanding that as I am already settled abroad, I won’t move back. We got married with an understanding that he is looking to move to Canada once his PR comes & based on this understanding I sponsored him for canadian permanent residency. Now as he has received PR & has done soft landing, he is saying he doesn’t want to move as his parents are older & they need him. He never expressed such intentions during the due course of our marriage in the past 2 years ( while his file was under processing & even after her got COPR, confirmation of PR). He technically now is an Indian citizen holding PR status in Canada. My question: Can a state bank of india employee hold indian citizenship as well as canadian PR at the same time while still working at the bank in India? He wants me to move to India permanently citing his parents as reason. I sort of feel cheated as he had ample time to mull over his decision of getting married considering his parents are getting older & he has a secure bank job. Now the same reasons he had agreed to before, he is backing out on those. He never uttered a word for his plans otherwise while his PR file was being processed & even after landing & spending time in Canada. It’s only when he went back & I started asking questions that how is it going to work in the long distance like this & how about his canadian pr and all, he is saying he doesn’t need the pr anymore & wants me to move back. Is there something that i can do about it? He got married giving the impression that he will move. made me sponsor him, got PR & now says doesn’t want it anymore & wants me to move back. We are thinking of getting separated but I feel he took advantage of the whole situation. Conveniently said yes back then & conveniently just saying no now. In the due course I have taken Canadian citizenship. Our marriage is registered in India & we got married as per Hindu marriage Act.
1. Though you got married with cleat understanding that you would not come back to India but when your husband has old parents to look after then you should not stand in the way. Nothing can be more important than taking care of parents at the time of your their need.
2. If you think that this marriage would not work then it is better to go for mutual divorce.
I understand, I don’t want him to leave his parents. He can move here with them. If he doesn’t want to do that either it’s totally his wish. What about he never expressed this intention in the past 2 years of marriage. I had the option to withdraw the PR while it was in process. If this was always on his mind, isn’t he obligated to discuss or holds any responsibility to inform his spouse so she can take decision based on the changed circumstances? He kept quiet to get PR? Now when he got it, he doesn’t want it anymore? How is this fair to the other person who is in the marriage. Circumstances change, I agree but they don’t change overnight. Why he kept me waiting for 2 yrs to reveal this? Why he went ahead and got ahead with the whole PR process? Parents reason is valid but didn’t happen overnight.
This 2 years of silence is not appreciable at all. You can certainly ask him to bring his parents to Canada as well as that would save the marriage and would give a workable solution.
Try t involve family elders to break this dead lock and drive in your points.
The red flags that I now see are that I tried communicating with him during these 2 years to let me know what’s on his mind. But he always gave an impression that everything is fine. He was okay with me living separate during these 2 years! Never gave me an option or discussed with me moving back to India before. And now also as now I asked him quiet a few times to discuss with me our situation he has come up with this reason & solution. As long as I was not questioning, he was okay living separate and keeping his PR status. See at the end it’s all about the intent, right? Am I entitled to any kind of compensation for our situation? Keeping the other person ignorant of the changing circumstances and not disclosing intentionally as he wanted PR at some point and he travelled to Canada & got his PR activated adds to the red flags of his intentions all this while.
Well, right of maintenance of wife depends on certain circumstances including her no source of income .
In other words if you have decent income then you are not entitled to maintenance but in PWDV Act case can claim one time compensation.
Since your husband is not inclined to come and stay with you in Canada your best option is to file for divorce by mutual consent in India
2) you cannot force your husband to stay separate from his parents
3) you may feel cheated as husband has gone back on his word to stay with you in Canada but you cannot force him to stay with you in Canada
Your husband has not played fair and misguided you about his intentions
file for divorce by mutual consent
Yes, exactly my point. See, he has all his right to stay with his parents. I am not asking him to get separated from them. I am just questioning that he stayed quiet when he was getting benefitted from it. Now, as he doesn’t want the benefit anymore, he is coming up with this reason & backing out on all what he intended to do before. Am I entitled to any kind of compensation for this time? Circumstances don’t change overnight & when another person is also involved in this decision he is responsible to keep me informed of his changing mindset. His father had been unwell since past 2 yrs. Why the intention of not wanting the PR was not revealed then? As long I was not questioning on what us going on, he was okay keeping PR, staying away from me & continuing doing his job. Does he owe me a compensation for being intentionally quiet all this time & keeping the other person ignorant of the circumstances & reveal only when asked multiple times? He stalled me on being asked by saying that he will take leave to maintain his PR before saying that he will give it up completely.
You can file for divorce on grounds of mental cruelty
2) seek interim maintenance and alimony from husband
You are not entitled to any compensation but alimony from husband in event of divorce
Facts:
Question:
Can wife compensated for breach of promise?
Advice:
A Hindu marriage is not a civil contract where a party in breach of promise is liable to compensate the other for loss suffered due to breach of contract. It is against public police of India.
But the conduct of husband does amount to mental cruelty and such cruelty is punishable offence. Wife can file a complaint in Court and seek punishment to husband. This is not advice of file criminal complaint but that is possible in law.
If he is working in India and an Indian citizen can’t hold or. Only if he works in Canada for SBI he can have P.r. You can file for divorce and seek compensation
- As per law, non-disclosing the true facts at the time of marriage and false promises can be a ground for divorce
- Hence, if you don't want to proceed with the mutual divorce , then you can file a contested divorce petition before the family Court in India , and therein you can also claim alimony from him at the time of divorce as well.
- Further , such false promise can also be considered as cruelty , and hence you can lodge an FIR against him under section 498A even you are residing abroad and having citizenship as the marriage was solemnized in India.
- Further, you can also lodge a complaint before the Indian Embassy against him for getting the PR on false promises and with malafide intention .
- Further, you can also lodge a complaint with the said bank against him .
Dear client, according to the All India Service Conduct Rules of 1968, a government employee in India is not allowed to apply for emigration or permanent residency in another country while in government service. You can file a case on him for cheating under IPC and can get divorce under mental cruelty under Hindu Marriage Act. You can also get compensation if any loss caused to you.
Your marriage under Hindu marriage act is valid as both of you were Indian citizens at the time of marriage.
He being a bank officer in India is not restricted from having a PR of Canada.
You cannot force your husband to leave his aged parents behind to join you and live permanently in Canada.
He is duty bound to take care of his parents.
If he had assured you that he will join you in Canada permanently at the time of marriage and now refusing to do so for any reason will be considered as an act of cheating.
If there is no point in waiting for him return to Canada to continue the married life with you, then you may better decide to separate judicially by filing a divorce case.
Lie what you observed that it is not a change that happened overnight, he knew the fact that he cannot leave his parents in India to be with you at a different location of the world.
It is his mistake for having made you to wait for two long years period to announce his decision to not to join you back at Canada for the reasons stated by him.
However there is no other charges or allegations against him, you may better decide about snapping the relationship with him forever if you cannot continue this married life with him anymore.
You can plan to dissolve your marriage by a decree of divorce through a court of law on the grounds of mutual consent divorce
The red flags what you describe in your subsequent post may be your own idea.
You should constantly nagged and insisted him to join you at Canada instead of remaining silent for all these two years.
Even now he has given you an option to return to India and live with you, if that is the case you can come and start living with him in India for few months, if nothing suits you then you can very well get back to your country
His parents age factor and his employment issues may not allow him to take a decision to continue your married life at Canada, perhaps you both can still remain married and be in touch with each other regularly despite living apart.
how do you say that by getting a PR he has benefited ?
If so what is the benefit he had due to this?
Is there any financial benefit he availed by obtaining the PR status?
He is already employed in India as a bank officer and drawing a handsome salary, he may not reap any benefit by getting a PR status because he has neither got an employment nor he is doing any business of profit, therefore by just sponsoring his PR, you have not lost anything at least financially besides what is the compensation are you expecting from when he was not any reason for any loss that you suffered in this regard.?
He has valid reason for not joining you at Canada which is also legally valid, in the given circumstance what is material fact by which you claim compensation from him?
If you are employed and drawing a handsome income to sustain your expenses then you are not eligible for monthly maintenance amount too from him.
If you feel that this marriage will not work anymore you can cleanly inform him about it and ask him to cooperate to file divorce case ion the grounds of mutual consent which will be a relief to you .