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How to get one sided divorce in India or overseas?


03-Jun-2023 (In Divorce Law)
Hi.. I lived in newzealand since 2012 september(almost 5 yrs).I got married in India in 2012. I am on work permit in newzealand. I belong to hindu relegion. I want to get divorce from my husband. In last four years i hv been india only once (in march 2017)to visit my parents only for 15days. but i am not in touch with my huband.Is it possible to get divorce as soon as possible under foregin court, one sided divorce law , or null and void marriage law? Because i am not sure if my husband will be get ready for mutual understanding of divorce.He never been to newzealand. and i really want to get divorce as soon as i can so that i can remarry in newzealand. Please give me the best solution to get divorce on just my behalf.
Answers (5)

Answer #1
567 votes
Hi mam
You can file a divorce petition under section 13 Hindu marriage act in Indian courts stating the grounds of harrasment or can also opt for the Nikita of marriage under section 12 Hindu marriage act. For that u need not come to India to file it when the stage of evidence arrives you can come and give evidence . And if your husband does not contest it u can have a ex parte divorce decree.

Answer #2
607 votes
In India you have to come to india and appeared before district and session courts in area where your parents or where your husband residing for the purpose of divorce.... and there's no any other procedure in india law to get divorce from your husband.... either you can file divorce by mutual consent of both the parties or you can file a case on the ground of desertion
Answer #3
886 votes
Dear, you got married as per Hindu law, so you have get divorce as per the laws applicable to Hindu marriage act, if you will get divorce in any foreign court that is not valid in India, you can't do second marriage, it would be better to file divorce in India, otherwise your divorce will be null and void as per the judgment of supreme court of India.
Answer #4
898 votes
I suggest to file divorce in India and you may get per month maintenance as well.I suggest to file divorce from India,because your marriage solemnized as per Indian law so it need to be dissolve via Indian law,even your husband is not agree for divorce ,even then you may file divorce
Answer #5
661 votes
In India u can get one sided divorce from ur husband but not in 15 days rather it take time minimum 6 months. If ur marriage is registered at abroad than u have to get opinion from Advocate of that very country.

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.

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