Can i file for divorce without my actual presence

899 votes

Hi
He can file a Divorce case , but ultimately he has to deliver you the summons of court , he can also serve summons through public notice in newspaper, and it shall be a deemed service of summons.
So technically he can take divorce without your presence, there are ways to counter it.
Lets discuss it over call
Take care

Advocate Kunal Madan LawRato

893 votes

You have asked 3 questions which are answered as follows:
1 . And 2. Yes he can file divorce case in India court will issue notice to you and if you don't appear and defend , decree of divorce would be passed ex-parte i.e. in your absence. However once you receive court notice you can contact a lawyer in India to represent you thus you can defend his case without coming to India by appointing your lawyer.
3. Yes you can seek alimony for self and maintenance expenses for baby. For that you need to file case through your lawyer. Maintenance for self if you are not earning enough to maintain yourself as well as for the child even if you have sufficient income can be claimed without there being a case by your husband for divorce.
You may consult me for more details and legal help through this site if you so desire.

Advocate S P Srivastava LawRato

866 votes

Hi,
FIRSTLY,This is possible that without your presence you can file for mutual divorce by appointing a person as Special Power of Attorney(ie.SPA) and he will handle your case on your behalf but for that also your presence is required only once for signing the SPA document and get it attested by notrary.
SECONDLY, If you want to claim alimony and child support then it's not possible because your presence is required in the courtroom. With the help of SPA, divorce can be easily granted only in mutual divorce cases. But in alimony cases and child maintenance matters, it takes time and your presence is very crucial.
THIRDLY, you can get your divorce done from your home country but then in India the other spouse has to get the divorce certified through court.

Advocate Sohit Choudhary LawRato

757 votes

Yes, your husband can file a divorce petition and get decree if you don't present yourself or contest the suit.
A divorce petition under Hindu Marriage Act can be filed at the place of marriage or last marital home that is where you stayed together. Under Indian laws your presence at least once may be required if you file for divorce yourself. However, the papers can be sent to you to sign and get it attested by a notary in your country. You will need the help of a lawyer in India and another in the country of your residence.Feel free to connect

Advocate Wg Cdr Mohammed Mujeeb (Retd) LawRato

735 votes

Hi
You can
file divorce from you country No alimony for you if you are taking divorce however you can claim maitenance foe your baby support.


Question: Dear sirs, I am a foreigner (from Europe) who married Indian in 2014. I left India to my country after half of year and stayed home for more than a year due to baby delivery. Could my husband divorce me without my presence? We married by Hindu marriage act in Delhi, I was converted to Hindu. If no Is it possible to apply for divorce from my country without going to India? Can I seek for any alimony and child support in this case? Thank you

Advocate M P Siddiqui LawRato