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Initiate Divorce proceeding when spouses living in different countries


17-Jun-2023 (In Divorce Law)
On what legal basis should I initiate divorce proceedings after we both are living separately for 18 months in different countries after my wife parents raised the issue of unconsummated marriage. Will it appropriate to send a cohabitation plea first when we have medical problem associated with my wife and thats the reason for our unconsummated marriage which my in-laws are not willing to accept. Will it be appropriate to send cohabitation plea in this scenario to proceed for next step of divorce. Or Should I wait for another 6 months and file the divorce plea on the basis of desertion. I don’t want to go for the contested divorce as it can prolong for long time but my wife and wife parents are initiating any dialog and coming forward to talk this matter. I am also interested for divorce with mutual consent. What are the legal options for me to start divorce proceedings?
Answers (2)

Answer #1
735 votes
If u want the divoRce on uR paRt only, thn deseRtion is a good gRound as well, but theRe is no question aRisen, to initiate pRoceedings of Restitution of conjugal Rights, if uR wife & heR family is Ready foR divoRce by mutual consent, then u should go foR that, because it is the quickest way to get divoRce & get Rid of maRital obligations, otheRwise uR wife's medical pRoblem as well can be the gRound of divoRce(but not in all cases bt in some cases, depends fRom case to case)
Answer #2
649 votes
You have tow options to file divorce petition.
1st..... To file mutual divorce.
2nd To file contested divorce, you may file it after one year of your marriage on the ground mention under section 13 of HM Act. Only one ground "Desertion " can be filed after two year of separation.


If opposite party is ready for mutual divorce then you must go for it. It will save your time.

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