Taking up a job will have bearing on maintenance claim

I got married in India and in 2014 moved to Canada with my husband who has a Permanent Resident (PR) Visa there. I came to Chennai to visit my parents before the lockdown and didn’t return as we were not getting along. Though both of us have decided to part ways, I would like to return to Canada to work and live. Since we got married in India and he is living in Canada, should we apply for divorce here or there? Will I be eligible for maintenance if I take up a job in Canada?

— Name withheld on request

If you are married under the Hindu Marriage Act, you can file your matrimonial petition for divorce anywhere you take up your residence. The Indian courts will have full jurisdiction to decide the matter. If the divorce is by mutual consent, then you must also decide the question of maintenance, child custody, etc at the time of filing of the petition itself. However, if the divorce is on any negative grounds, you can seek alimony, both interim and permanent, in the petition itself. Your taking up employment in Canada later will certainly have a bearing on the issue relating to claiming maintenance.

DISCLAIMER: The views expressed here are of Justice K Chandru, who is providing guidance and direction based on his rich experience and knowledge of the law. This is not a substitute for legal recourse which must be taken as a follow-up if so recommended in these columns