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ca.bhupendrashah (FCADISA)     25 June 2008

divorce

query: NRI Indian boy, citzen of USA married to Indian citizen girl .Marriage is registered in mumbai.

Now boy is in USA and girl in Mumbai .

whether it is necesary

[1] to file divorce petition in mumbai?

[2] ex parte divorce possible?

[3] can girl force boy to come to Mumbai for divorce?

[4] any other possibility?



Learning

 5 Replies

ESTHERPRIYA (Practising Advocate)     25 June 2008

Yes the jurisdiction court where the divorce petition is filed


is the place where the marriage took place or


is the place where the couple live or


is the place where one of the party lastly resides


Thus
in this case divorce petition has to be filed in Mumbai Court and the
husband can be forced to come to Mumbai Court where the marriage took
place between them.


Exparte Decree of Divorce will be possible
only if notice issued to the husband and he intentionally on receipt of
the notice neglects to come to court and appear or never engaged any
lawyer to that effect, then you can press for an exparte decree and the
Court may grant it and it is the Court's discretionary power.


You cannot force but under the provisions of law you can do it by issuing process.


 

Prakash Yedhula (Lawyer)     25 June 2008

You cannot maintain a petition in US from the given facts

SROTAS -Global Legal Services (LEGAL)     26 June 2008

If the girl wants divorce from the boy,  she has to file the divorce petition in Mumbai. If the notice is served on the boy, then he can file a petition with the help of his advocate or his power of attorney to defend the case through video conferencing.  If you get Exparte divorce, you have to wait till one year for second marriage. Video conferencing is the best way.

Guest (n/a)     08 July 2008

The Boy should visit India atleast for once. The court will insist on that

Guest (n/a)     08 July 2008

1] to file divorce petition in mumbai?

 


You can file it in your place , or the girls place orwhere the marriage took place.


[2] ex parte divorce possible?


You should appear before court atleast for once.  After your visit you may get exparte divorce.




 


[3] can girl force boy to come to Mumbai for divorce?


The court will force the parties to appear. not the girl




 


[4] any other possibility?


Or you can file at your place. You may have to pay for all the expences.


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