LawRato

Can a contested divorce case be proceeded without husband's presence


27-Aug-2023 (In Divorce Law)
I want to divorce my husband and want full custody of my son. We are christian living in UAE. married for 14 years. i want to file the case in mumbai. however my husband does not want a divorce and will not come to mumbai. can the divorce case proceed without him?
Answers (3)

Answer #1
513 votes
You can come to Mumbai along with your Son..? send him legal notice stating your problems and intention to get Divorce mentioning legal grounds , ask him to respond the legal notice in writing if he deny the allegation and contention of notice, Register a complaint in Local Police station and file petition for divorce and maintenance... also show your willingness for mutual consent Divorce , if he agreed , you can get Divorce through Sky pee, Video Conferencing..

LawRato

Answer #2
568 votes
Proceedings can be initiated against the husband and you can file. The court shall send him notice and he if he fails to attend the matter can proceed exparte and the orders can be procured. the court on many ocassions has done so
Answer #3
887 votes
Ma'am
For you to file your Divorce matter in Mumbai , was your marriage solemnized in Mumbai? If you file one sided Divorce Petition and once summons duly served on him then even if he doesnt attend , the matter can produce .

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."