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[Urgent] Got ITA - Legally Separated - Divorce filed at tribunal - Which documents to show?

Oct 2, 2020
1
0
Hi everyone

My EE status: Got ITA in the latest draw (Sep 30).
Marital status: I filed my EOI as 'legally separated'. My spouse left my house 1.5 years ago and I got to know 6 months ago that she has left the country as well. She left my house because my financial conditions went bad for a while. We are not in talking terms and I do not want to reconcile and I do not want to sponsor her. I have filed for divorce but not in India courts. The community to which we belong to, has a tribunal for such matters. I also have the marriage certificate given by the same tribunal. Since she is not in India, the divorce is taking longer time.
Marriage duration: 4 months
Children: No

Questions:
1. Do I need to go to court to file a petition for divorce in Indian Judicial System or is there an alternative?
2. Is an affidavit showing our current relationship status enough? Which also contains my declaration that I do not wish to sponsor her in future.
3. I do not want to let her know that I'm planning to go to Canada. If I file for petition, does she come to know that I have filed for it? Is there a way to file it without letting her know? Or is there any alternative.
4. I thought of speaking with the tribunal that I keep talking about, about providing me some certificate of separation so that I could get a legal order or something similar from Indian judicial system based on that. But, I suspect that my wife would come to know since our community is closely knit. There are chances of the information being leaked.

I do not wish to decline this ITA, because I have gone through a lot both emotionally and financially to achieve that.

Please guide. I'm losing sleep over this.

Thanks.
 

nematode

Newbie
Feb 28, 2021
4
1
Hi everyone

My EE status: Got ITA in the latest draw (Sep 30).
Marital status: I filed my EOI as 'legally separated'. My spouse left my house 1.5 years ago and I got to know 6 months ago that she has left the country as well. She left my house because my financial conditions went bad for a while. We are not in talking terms and I do not want to reconcile and I do not want to sponsor her. I have filed for divorce but not in India courts. The community to which we belong to, has a tribunal for such matters. I also have the marriage certificate given by the same tribunal. Since she is not in India, the divorce is taking longer time.
Marriage duration: 4 months
Children: No

Questions:
1. Do I need to go to court to file a petition for divorce in Indian Judicial System or is there an alternative?
2. Is an affidavit showing our current relationship status enough? Which also contains my declaration that I do not wish to sponsor her in future.
3. I do not want to let her know that I'm planning to go to Canada. If I file for petition, does she come to know that I have filed for it? Is there a way to file it without letting her know? Or is there any alternative.
4. I thought of speaking with the tribunal that I keep talking about, about providing me some certificate of separation so that I could get a legal order or something similar from Indian judicial system based on that. But, I suspect that my wife would come to know since our community is closely knit. There are chances of the information being leaked.

I do not wish to decline this ITA, because I have gone through a lot both emotionally and financially to achieve that.

Please guide. I'm losing sleep over this.

Thanks.
Hi, I am in a similar situation. I am separated from my spouse for 3 years already and not in good terms. She will not agree for medical nor PCC and moreover I dont want to let her know that I am applying. How did it go with your application. Was just a affidavit sufficient. Did they ask for divorce deed? any other documents? Thanks