Can divorce be claimed due to absence of spouse during proceedings


My spouse had filed for divorce and return of gold ornaments.She filed for divorce in Kuwait also.The divorce was attained in Kuwait Court. Since she did not appear in Kerala Court,the cases were dismissed.She then reinstated the case after paying penalty.The cases were again dismissed due her non-appearance.This is has been repeated 2 times again.How can I permanently close the cases without her appearance.I was and still am ready to give the ornaments back.

Answers (4)


294 votes

You file a divorce case You produce the divorce order from Kuwait also. Don't say any thing about the gold. If she is not appearing divorce will be confirmed. Even with out this also there is no illegality you remarrying as she has already attained a duvorce from abroad


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225 votes

If you are ready to give the ornaments why dont you move for out of court settlement.It can be solved after exchange the things each other. Both the parties can be filed the joint petition.So unnecessary allegation canbe avoided.

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Decree passed from Kuwait is not sustainable in India. Foreign court decree of divorce or dissolution of marriage can be valid in India provided such decree is according to the provision of law in India as provided under section 13 of the Civil Procedure Code and Principle of law as laid down by the Indian courts. A foreign court divorce decree may be valid in India ONLY if the spouse had lived in that country and had consented to that country's jurisdiction.

After the second dismissal the case was closed on default. Not to give ornaments , if both of you want divorce then file mutual divorce....

263 votes

Dear Client,
You can settle this case very easily with the help of an advocate and obtain divorce from a court of our country, provided everything go smoothly. An Advocate practising in the family court can easily help you.

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