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Applied for mutual divorce but wife went to US


23-May-2023 (In Divorce Law)
Applied mutual divorce, after five months, I come to know she left from India, her working organization send het to US..? I don’t have her US office addresses. My question. 1. If see will not attend to court what will happened..? 2. How to get diverse from her..? 3. Is there any possibility to get back to India in our law..? 
Answers (3)

Answer #1
895 votes
Hi
The courts will grant ex-parte divorce under Sec 13 (1) (a), if your wife refuses to attend court after submission of mutual consent divorce.
The family courts cannot force her to return to india . only criminal courts have the powers to issue look out notices and force a person to india.

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Answer #2
515 votes
you can go and get in her working organization of us address first. nothing will happen you can take date again for sometime. if she comes into contact you can take permission from court to take consent of her on skypee r any other service directly she had to come face to face before court.
Answer #3
524 votes
Since you have already filled a divorce, the court proceedings will certainly be addressed with the help of her assigned council or if she has assigned a lawyer the same will take all necessary proceedings as needed

If the court needs to have the individual available on a certain date for appearance, which is the duty of the council in-charge of the same

In this matter, possibilities of having her return to India with legal force is null and zero

This shall take its own course of time, in the meantime all is needed is patience

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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