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Can I get a divorce if I live separately from husband since two years?


26-Dec-2023 (In Divorce Law)
I had filed case against my husband of domestic violence at police level in June 2015, after that my husband filed case against me in the court with false aligations like stealing gold,money. I never appeared in the court because of certain family situations, and my husband kept appearing on every date. I went to UK after a few months after the case was filed against me by my husband. Since then I am living in the UK. Now it has been around two years that I am living with my maternal family here in the UK, and i have no contact with my husband, my children or any of my in-laws family members. Can I get divorce from my husband without appearing in the court (with help of videoconferencing). Or even if I come back to India, is it advisable that I should appear personally in the court. Are there any chances that I will be granted freedom from my husband, with whom I have no contact from more than two years?
Answers (3)

Answer #1
963 votes
It's always advisable to appear in person and tell the court truth. If you have been deserted by your husband for the last more than two years you are entitled to divorce but you have to prove that you have been deserted by your husband. Before coming to India you must know the fate of case filed by your husband. In my opinion case of your husband must be fake but still you have to be careful
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Advocate Kanwarjit Singh Pruthi

Adv. Kanwarjit Singh Pruthi

LawRato Patiala | 100+ Answers
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Answer #2
884 votes
You can give power of attorney on your behalf to some of your relative ...and he can give statement on your behalf in court only then divorce can be final ... and 2nd option is your husband can get divorce Ex parte
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Advocate Jagandeep Singh

Adv. Jagandeep Singh

LawRatoAmritsar | 50+ Answers
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Answer #3
901 votes
Living separate for two years from spouse is no ground for divorce until there is a court order for restitution of conjugal rights in ur favour and ur spouse does not live with u. To file a divorce it is not reqd to come to India . but you have to appear once for giving statement in court . If ur husband does not appear than exparte order for divorce. Can be passed but if he appears and contest than it may take more time than usual . I would advise u to inform us if the complaint of theft was filed with police or in court. Was that filed before u filed domestic violence or thereafter.
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Advocate Harminder Syal

Adv. Harminder Syal

LawRatoPhagwara | 25+ Answers
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