Advice in case husband filing for divorce without wife's knowledge.

I am Hindu and married for 7 yrs.My husband lives outside India and he has got into relationship with other woman and want divorce to marry her. I don't have any proof of affair but he has told me this over the call. i have 5 year old daughter and don't want to divorce him. What are options do i have and if he files for divorce how long case could go. Also he is not on proper work visa at Myanmar, what could be done to call him back to India. Also as per him his lawyer has suggest that he could get divorce without coming to India or appearing in court and if i don't appear in court of three consecutive time then case will be in this favor and he would be granted divorce . Is this possible in any way? is there any condition/ situation in law in which this could be possible? what could i do so that if case filed then it should go for multiyear and even if he outside India he has come to India for each hearing.Basically i wnt 2 buy time n wnt things 2 delay as much as possible.

Answers (5)

307 votes

No need to worry there are lot of options in your favour. There are lot of legal remidies for you. He will not get divorce easily.

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298 votes

Your best option right now is to file a petition of restitution of conjugal rights which means when the court passes the decree the husband will be mandated to live with you and also in that case he won't be able to get divorce

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226 votes

First of all your husband not come in the India he does not file the divorce petition and if you want to call your husband in India you have to go for a criminal complaint against your husband for his Visa..

140 votes

Dear madam, plz do not panic. he cant get divorce , because in india many lwas in india favors ladies and court s always evaluate future of the child. Try to sought out this matter amicably. he cant get divocre without attending hearings.

51 votes

you can file case in india against your husband in domestic violence act and sparate case for maintenance in u/s 125 cr.p.c. as for as filing divorce case is concern any couple can file where they last reside or where the marriage took place.

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