N Omprakash 21 May 2016
SAINATH DEVALLA (LEGAL CONSULTANT) 21 May 2016
There are 3 main ways to end a marriage or registered domestic partnership in California: divorce, legal separation, and annulment. It is not necessary for both spouses or domestic partners to agree to end the marriage. Either spouse or partner can decide to end the marriage, and the other spouse/partner, even if he or she does not want to get a divorce, cannot stop the process by refusing to participate in the case. If a spouse or domestic partner does not participate in the divorce case, the other spouse/partner will still be able to get a “default” judgment and the divorce will go through. .
SAINATH DEVALLA (LEGAL CONSULTANT) 21 May 2016
Where did the marriage take place?
N Omprakash 21 May 2016
Thank you very much, sir, Shri Sainath. Marriage taken place in India.
SAINATH DEVALLA (LEGAL CONSULTANT) 22 May 2016
Even other wise the petitioner can get an uncontested divorce if the respondent has not responded to the summons issued(in any form).
N Omprakash 22 May 2016
Sir, thanks, my query is further to first summons issued. Next step, as court ordered, publication in local edition of respondent's address in India (done)and , whether sending copy of summons within India, by any individual or an advocate in Hyderabad is ok or not, since the respondent-wife is in India, or necessar to be done from California only (petitioner-husband in California). Proof of service is required to be submitted to court in prescribed format.
SAINATH DEVALLA (LEGAL CONSULTANT) 22 May 2016
Either the petitioner himself or an advocate on behalf of the petitioner can get it published in India.It should be done so at the place where the respondent is residing or elase in all the editions of any small paper is enough.The paper publication need not be done so only in reputed papers.
N Omprakash 22 May 2016
Thanks, sir for prompt response. Apart from publication (already done by petitioner parents here), sending an email and mail (post) is required by the court (FL-982) copy of summons (FL-110) to respondent in India.point is whether it is any individual of 18 yrs and above as required by court can be sent. Question is whether within india, from hyderabad (parents are here) whether it is acceptable to send copy of summons can be sent to respondent in Rajasthan, or an advocate involvement required and send proof of service in form (FL-335) declaration, from Hyderabad.
MANISH KUMAR GUPTA 22 May 2016
Same case happened with my Brother in the USA.Ultimately he had succeed in Divorce proceeding in the USA. So if you want any additional information regarding the issue please call me @ 882661161o after 5 P.M.