Please give correct information and help...

[ridaa1]

Hi, I am an Indian muslim girl.Divorced and have a son.Got married again in India to a US citizen who stayed back in India but turned out to be a fraud, a liar.Does not contact me.I live with my parents and son and he is in another city.I don't even know if he leaves the country without informing me.I want to immigrate to Canada with my son.Have all the required papers of my previous marriage and divorce. But for this marriage, I only have nikah paper and since he is not contacting me, can I still proceed with my immigration and if not in that case Can I approach the Indian court that my husband is not contacting me and grant me the separation status so that I can apply for immigration for myself and my son. Will the Indian court grant me the separation status without wasting too much time.Kindly answer.
Regards

 

[lightsinthemist]

Ridaa

This is not the right forum to discuss the specifics of divorce however will share what information I have.

Sorry the forum will not allow me to post links (Google for Special Marriage Act 1954 and Muslim Marriage Act )

It is the Special Marriage act of 1954 which applies to all faiths in India as long as you are a Indian citizen. Divorce can be granted on multiple grounds in India. You can demand divorce on three grounds.

1.Non sustenance-Husband is not taking care of you and your son (Provided you dont currently work )
2.Husband is not conssumating the marriage ( No physical relation)
3.Martial Infidelity -Husband is seeing somebody else.

In your case I think you can invoke the Non sustenance and Conssumation clauses. However since your second marriage only has Nikah certificate and has probably not been registered it gets a little complicated.

Approach a good lawyer and file for divorce. Your husband will be issued summons and divorce notice and you can either go for mutual divorce or take it to the court.

Nowadays the Indian courts are very fast in dealing with cases and you will be given justice.

Without completing the divorce you will not be able to properly fill the forms since you would have to indicate the spouse and other information. Also there is the muslim marriage act by which the Husband can grant you divorce by the Talaq process in the presence of rest of the elders ,community leaders or judiciary

One more suggestion is there are a lot of Women Non government organizations that can help with the divorce and also in filing for Immigration. You might even be eligible for Refugee Status visas for both Usa and Canada . Maitri is one such organization in the Usa , google for similar ones in Canada. You can argue for the refugee status since you are facing such huge odds in taking care of your child and negligence by husband

Anywaz Canada might not have a problem with your application after all the above is done.

Good luck.

Lightsinthemist

 

[ridaa1]

Thanks a ton!!

Hi Lightsinthemist,
Your reply brought a smile on my face. God Bless.I checked maitri and will call them up.Since my husband is a US citizen, I think (tell me if I am correct) Maitri people will talk to him in India. Please tell me that are such women non profit organizations helpful and powerful enough to get justice to women.I do not know where my husband is.Would they help me and find out where he is.I can give t hem the numbers and addreses of my in laws but he is staying in some other city.But in touch with his parents. He is US citizen and I can only term him a fraud as he is not contacting me, he changed his cell number also.I wish they can pressurize him and get him either to file for separation either legally or a divorce legally. Even if I go on a separated stat us, I can file for my immigration as then I guess I would not be required to fill in his details when I have the legal separation papers with me.Kindly tell me about such canadian organizations who can really help but I just wanna be sure that if I get in touch with any canadian organization it will not in any way effect my immigration in future( if I get divorce or separation). and if such NGO helps with immigration then nothing like it.Please answer.Regards

 

[ridaa1]

One more thing...??

I did go through the special marriage act 1954 but I think I can go for filing separation after a year or so. My marriage is 3 months old and I loose lot of time if I want for a year before I file for separation.Also tell me whta if I file for separation and my husband does not appear before the court even if summon is issued.And even if he does appear then what if he says that he does not want separation. I have to get separated status as thats the only way I can get to Canada.Please answer.
Regards