Need advice on divorce

[Peabrol]

I am currently on my work permit in Canada and got married (arrange marriage) in India back in June, 2022. I have been in no contact with my husband ever since. His entire family has blocked me and his uncle in Canada has stopped responding to my texts/ calls as well. I have no way of contacting anyone now. I was not putting in any efforts in this marriage since I was dealing with a rough patch in my life for which I have been going through therapy here in Canada. I do have proof of it all. However, I decided to take an action and linked up his file via my IRCC portal and got to know that he applied for his work permit twice on my behalf out of which it got rejected once when I was on my student permit but the second attempt got approved recently on my work permit. He has also arrived in Canada in January of this year but I have no news of this.

1. Am I eligible to apply for a divorce here in Canada or would it be more feasible for me to do it in India since I do not have his Canadian address/ contact information but I have his Indian address?
2. I do not have a copy of our marriage certificate and I cannot ask my family to obtain since my father is not in the picture and my mother has severe health condition for which she has undergone a couple of surgeries in the past 2 years. I do not want to give her any stress from my end. Am I able to obtain my marriage certificate online from India while I stay in Canada?

Any leads would be highly appreciated.

 

[Lisal787]

As per my knowledge. It is recommended for you to file a divorce in india because that is where you have been married and all your details are filled over there. However, you may still wait for accurate reply from more professional members from here

 

[CanGoldDigger]

Yep, it would be more viable to file a divorce in India .

 

[Peabrol]

Do you know if I have to travel to India to file for a divorce?

 

[canuck78]

You should be contacting IRCC right away to report that the SOWPs have been applied without your knowledge and that you and your spouse are not in contact and the relationship was broken down before he left India. If not, you could be accused of immigration fraud in the future which could have significant impact on your future in Canada. Given that you live in Canada permanently and does your spouse I would be consulting a divorce attorney in Canada not India.

 

[dun146]

Hi, I am a Canadian citizen and got married to an Indian citizen in Feb 2023. We filed for outland spousal PR that was approved in 6 months. My spouse is refusing to move here and doesn't want to continue with marriage. We have technically lived apart (separated) for 1+ year now. Our marriage was registered in India but I want to initiate the divorce proceedings from Canada - is this possible?