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Ontario man participated in two 'sham' marriages in India 'to dupe Canadian immigration authorities'
An Ontario man who admitted to participating in two ‘sham’ marriages to help Indian women immigrate to Canada in return for services and cash has failed in his efforts to prove he’s married to the mother of his three children.
Amratpal Singh Sidhu asked Ontario’s Superior Court of Justice for a declaration that he’s legally married to Amandeep Kaur. She was looking for a judge to say the opposite.
“He openly admitted to participating in two ‘sham’ marriages, for financial gain and in an effort to dupe Canadian immigration authorities,” Justice Frances Wood wrote in a recent decision from the family court division.
“For many years, he declared himself single for income tax purposes and, when transferring real estate, declared that he was not a spouse, which allowed him to transfer the properties without (Amandeep Kaur’s) consent.”
Neither party divulged why it matters if they’re married or not.
“But, as (Sidhu) has made a claim for equalization in his application, this court infers that the importance relates to that claim – if the parties are not legally (married), he has no equalization claim,” Wood said.
An “equalization claim” is a legal process in Canadian family law where spouses seek a fair division of the property and debts accumulated during their marriage.
The court heard Sidhu and Kaur met while they were both working at Toronto’s Pearson International Airport.
“Both were residents of Ontario,” said the judge. “They agreed to travel to India to get married. The wedding plans were made while the parties were in Ontario, and they then travelled together from Ontario to India shortly before the ceremony.”
Both of them agree “that they participated in a traditional marriage ceremony in India on December 4, 1997,” said the decision.
Shortly after that Sidhu “travelled to a nearby town … where he participated in what he refers to as a ‘sham’ marriage ceremony,” it said.
Sidhu testified that “in exchange for care being provided to his ailing mother, he participated in this fake wedding to assist the ‘bride,’ Karamjit Kaur, in immigrating to Canada.”
Sidhu and Karamjit Kaur divorced in Ontario in January 2001, said the decision, dated Nov. 12.
“Despite (Sidhu’s) characterization of the second marriage as a ‘sham’, the fact is that it has been formally recognized in Ontario whereas there is no formal recognition nor registration of the parties’ alleged marriage either in Ontario or India,” Wood said.
“The parties agree that polygamous marriages are not permitted pursuant to the Hindu Marriage Act. (Sidhu) cannot, therefore, have been married to both (Amandeep Kaur) and Karamjit Kaur.”
Sidhu travelled to India again in 2022 “where he participated in yet another allegedly ‘sham’ marriage, once again with the aim of assisting the ‘bride’ in immigrating to Canada. This marriage was to Harjit Kaur. According to (Sidhu) Canadian authorities were not persuaded of the validity of the marriage and Harjit Kaur never did immigrate to Canada. There is a marriage certificate evidencing this marriage,” said the decision.
“Much was made by the parties as to whose idea the 2022 ‘sham’ marriage was. (Sidhu) insisted that Harjit Kaur is (Amandeep Kaur’s) cousin, and that (Amandeep Kaur) had been promised $40,000 to assist in the immigration process. He testified that (Amandeep Kaur and their child) were present at the ‘marriage’ ceremony. (Amandeep Kaur) denied this.”
On “several occasions” between 2000 and 2017 Sidhu “described himself as single and common-law on Income Tax filings and when transferring real property,” said the decision.
Amandeep Kaur “described herself as married in her 2018 Income Tax Return, but as single in the other returns available to the court.”
She “made some attempt to demonstrate that the relationship was ‘on and off’ to argue that they did not live together ‘as a married couple’ but does not deny that the parties lived together for at least some periods of time following the marriage,” said the decision.
“They have three children together. It is not necessary to determine that the parties lived together continuously from 1997 until their final separation.”
Sidhu alleges Amandeep Kaur “deliberately claimed that she was single and insisted that he do the same, to maximize her entitlement to certain tax benefits and credits. He testified that he declared himself single on income tax and real estate documents at (Amandeep Kaur’s) insistence.”
The judge had concerns about the credibility of both parties.
“Neither may rely on their own fraud to bolster their own position with respect to the validity of the marriage,” Wood said.
“Where the court is left in serious doubt as to the credibility of either party, it must have resort to any uncontroverted evidence. Undisputed documentary evidence is particularly helpful.”
When they returned to Canada in 1997, “both declared themselves single to different authorities,” said the judge.
“At no time did either obtain any sort of formal documentation recording their marriage.”
And “significantly,” Sidhu “married Karamjit Kaur immediately after the ceremony with” Amandeep Kaur, Wood said, noting “that marriage has been considered to be valid by an Ontario court when it granted a divorce, a process in which (Sidhu) participated. Since polygamy is not permitted in India, (Sidhu) cannot have been married to both (Amandeep Kaur) and Karamjit Kaur. Whether the second marriage was entered into for immigration purposes or not, that is the marriage that (Sidhu) chose to have formally recognized.”
The judge noted “a valid marriage certificate has been produced” for when Sidhu “married yet again” to Harjit Kaur.
Even if Amandeep Kaur “was an active participant” in that wedding, that doesn’t help Sidhu’s case, Wood said. “Rather, it bolsters the conclusion that both understood they were not legally married.”
The judge found that “neither party entered into the December 4, 1997 marriage with the intention that the marriage would be considered legally valid in Ontario.”
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