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Can a divorce be filed if wife is onsite not in India?
25-Dec-2023 (In Divorce Law)
My brother wants to get divorced from his wife. His wife has gone out of country for onsite and will be back after 6-7 months, so can he file the divorce case now or he needs to wait till she returns?
He can file the petition before the proper court while his wife is on site. He can give both addresses of his wife in India and abroad. The court will send summons to the given address. Further he can proceed when she appears before the court. If need any more info pls contact me.
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Adv. K. Venkatesan
Chennai | 100+ Answers
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It depends on where the marriage was solemnized. If it was done in India, then divorce may be filed in the court of that jurisdiction.
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Hello, If he is need of divorce he may file now and need not wait because the initial process of filling, numbering and first summons alone will take minimum three months time do need not wait if he wants.
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Adv. B. Sivasubramanian
Chennai | 200+ Answers
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your brother can file divorce case today itself no problem to file the case. His wife living india or any other country he no needs to wait till she return. you are not mentioned your brother,s date of marriage.
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Adv. Krishnan K.
Vellore | 25+ Answers
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HELLO,
WHEN YOUR BROTHER FILES DIVORCE PETITION , THE RESPONDENT WIFE (YOUR SISTER- IN-LAW) SHOULD RECEIVE THE SUMMON/NOTICE FOR APPEARANCE IN THE COURT. KNOWING WELL SHE IS OUT OF COUNTRY, THERE IS NO MEANING IN FILING PETITION IN HER ABSENCE. IF YOU ARE CERTAIN ABOUT HER FALL IN BACK IN INDIA IN 6 OR 7 MONTHS , YOUR BROTHER CAN START DISCUSS WITH PROPER ADVOCATE FOR REMEDY.
FOR MORE DETAILS FIX AN APPOINTMENT WITH ME THROUGH LawRato.
WHEN YOUR BROTHER FILES DIVORCE PETITION , THE RESPONDENT WIFE (YOUR SISTER- IN-LAW) SHOULD RECEIVE THE SUMMON/NOTICE FOR APPEARANCE IN THE COURT. KNOWING WELL SHE IS OUT OF COUNTRY, THERE IS NO MEANING IN FILING PETITION IN HER ABSENCE. IF YOU ARE CERTAIN ABOUT HER FALL IN BACK IN INDIA IN 6 OR 7 MONTHS , YOUR BROTHER CAN START DISCUSS WITH PROPER ADVOCATE FOR REMEDY.
FOR MORE DETAILS FIX AN APPOINTMENT WITH ME THROUGH LawRato.
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Adv. R. Sundaramurthi
Chennai | 100+ Answers
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