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RAGNAR   05 February 2024

Divorce proceeding within 10months or earlier

Brief Facts of the Case

1) The Husband was working in Bangalore and the Wife was working as a consultant in the US.

2) The husband and wife were married as per Hindu Marriage Ceremonies and Rites in 2004 in Chennai. At  the time of  wedding, both  were Indian citizens.  In 2011, the wife became a USA citizen. The husband  was  not informed  about this. He came to know about this from third parties.

3) They had a mutual understanding that the wife would shift to Bangalore but nothing happened of that sort

4) They have a daughter born in 2007 out of wedlock to whom, the husband doesn't any access to.

5) During the course of their matrimonial life, they stayed together for only 20 days  a year from 2004 to 2014 Post 2014, there has been no communications between them

Based on the aforementioned facts,can divorce be granted to the husband within 10months or what is the earliest period he can get the divorce?



Learning

 3 Replies

BHARATHI SARVOTHAMAN   06 February 2024

We're they referred to mediation proceedings by the court

Real Soul.... (LEGAL)     06 February 2024

It is better to get a mutual divorce and if you have no acess to you wife then file for divorce 

PSVNL Sai Kumar (Software Engineer)     06 February 2024

  1. Apply for a judicial separation on the grounds of desertion.
  2. Then you can get divorce if there is no resumption of cohabitation for a period of 1 year or no restitution of conjugal rights for one year.

But in your case, it's best to get mutual consent for divorce. You may have to wait for 6 to 18 months.

 


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