NRI Divorce -Irretrivable Break down of marriage

You mentioned that you have proof that your wife is mentally sick. Hope it's admissible as evidence in court. When it comes to hiring a lawyer, my personal experience is to get things down in writing (ask about whether you will get signed updates, so that your counsel cannot misguide you about what they're doing). Find someone who answers email promptly, so that everything will be documented and you won't have to waste money with long-distance calls. don't give fat upfront retainers know what services your fees covers.

Irretrievable Break down theory is still not a ground for divorce in the written law.

Hon'ble SC applied it in certain cases but now has specifically said that neither the HC nor the Trial court can grant dirvoce on this basis alone.

you ll have to contest the case and prove the things as per your allegations.

No special provisions for NRIs as far as divorce is concerned rather the presumption is against NRIs.

come prepared the other party may also take legal steps against you.

On the ground of your wife's condition you can seek a divorce.   You will have to be present before the court to file the case and for conciliation also you have to be present.  6 months to wait , it is mandatory, but in special cases court wont wait for 6 months and it can take the matter imeditely.

Thanks Rajeev & Kiran .

Kiran -Bit confused here should i directly file divorce on the ground of Irretrivable Break down of marriage . Do i need send any legal notice before filing or can i file it directly in the court  so that court can send out summen . 

I am coming to india July or august how long it wiill take to file the case & send her notice about the filing .

If the above is not possible i got some certification from physctrict that she is mentally mild disorder & few proff when she admit she got mental probelm b4 marriage even. 

which direction i should take honestly i am willing to point her any wrong thing in front of law . I wish the divorce should be blameless & decent seperation.

Pls advice

pls advice .