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Can a divorce be granted ex parte if the wife is in India and the husband is abroad?


17-Jul-2024 (In Divorce Law)
Can a divorce be granted ex parte if the wife is in India and the husband is abroad? The marriage was solemnized in India and registered in BMC. The husband and wife have been living apart for two years. Can the wife file for divorce in Mumbai and obtain an ex parte divorce if the husband does not return to India? Is a cooling-off period of 6 months required even if the couple is living separately?
Answers (1)

Answer #1
803 votes
1) You already residing separately for two years.Therefore that separation period shall be ground for getting divorce.That ground shall be desertion by your husband. 2) You can file divorce petition in family court, Bandra,Mumbai. 3) In divorce petition court can grant exparte order of divorce if your husband not appear and file say and evidence in court.
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