How i will get a divorce if she is not available in india. we lived only 2days after marriage.
praveen
(Querist) 10 May 2012
This query is : Resolved
My marriage was held on 29May2011 after reception she was told to give divorce since not interested to come & live with me, just after 2 days. From then we are separated, We didnot had first night too.
She told that not intereseted on me and my life style so needs divorce.
So many times we called them to discuss but finally we met on 21-Jan-2012 for discussion with all elders. She clearly conveyed not to live with me wants divorce. She was in dreams to spend her life with lavish, she thought her needs may not fulfill with me.
But till now they didnot come to the lawyer to sign the papers, just delaying.
Now they says she wants to go foriegn for job long term.
If she is not available in India for mutual petition and filing then what will happen?
What should I do? How will I get divorce?
Pls suggest.
Shonee Kapoor
(Expert) 10 May 2012
You can file divorce on cruelty basis and if she doesnot attend court, it can be proceeded ex-parte.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Santosh Goswami,Advocate
(Expert) 11 May 2012
The best way is to file an annulment petition since the marriage has not been consummated.If you have the address court will send the notice otherwise matter will be decided ex parte.
919555462995
praveen
(Querist) 11 May 2012
Sir
If I file a divorce petion on the basis of cruelty/ annulement then how many times court will send a notice to the other party. If they not responded How much time it will take to grant divorce.
Whether Court will ask any compensation?
Do I need to take any confirmation from them that they should not contest my petition.
ajay sethi
(Expert) 11 May 2012
court may grant her time . it may be 3 or 4 dates . it depends upon backlog of cases and how frequent dates are given by court .
dont take any confirmation
M V Gupta
(Expert) 14 May 2012
As your marriage is performed only a year ago and ur wife has not been co-ha biting with you, the first reasonable step you should take is to file an application for restitution of conjugal rights under Section 9 of the Hindu Marriage Act. I feel that there are good grounds for success in these proceedings. If even after a decree, ur wife does not come to live with you, this will be a good ground for divorce. Her proposal to go abroad may not be a sufficient ground to refuse to come and stay with you and discharge her marital obligations.
V R SHROFF
(Expert) 16 May 2012
yes RCR is correct action,
Under all circumstances, it is going to take time.
you check fruits before buying from market;
You should have dating, and understood her well before marriage.ur relations shd have inquired abt her.
u r compelled to pay penalty for such carelessness.
