Apply for divorce

Querist : Anonymous (Querist) 13 November 2011 This query is : Resolved
Deari Sir/Mam,
I was married in 2008 december and unable to tolerate their words and wanted to escape from them.so i left india and came to another country 2 months after my marriage.i havent been in contact with him since then, not through phone or by any means. Now my questions are
1)whether i can apply for divorce as i have been away for almost 3 years? I am living independently.
2)Under what section shall i have to apply for it?
3)and can i do it staying out of India?
4) Do i need anything (like any documents/evidence)to show to the court?
5) with my case running can i travel to and from india/ will i have any trouble at airport
I just dont want to go into the relationship again.
Thank you in advance

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Raj Kumar Makkad (Expert) 13 November 2011
1. Yes but in India only.

2. If you are Hindu then under section 13 (i) (ia) of Hindu Marriage Act and if you are covered under personal act then acccordingly.

3. No.

4. If you have marriage certificate or any other documents establishing torture by your husband then it shall definitely make your case firm.

5. No trouble.