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Can my sister file for divorce if her husband lives in Vienna?
26-Dec-2023 (In Divorce Law)
My syster got married in 2011 and her husband is an indian but living and working in vienna, Austria. post marrige she was in a process of applying visa and preparing for all formalities and during this period she met with a Road accident in 2012 and got critically injured. After this incident the husband never turned back, we want to file for divorce and compensation. how can we proceed and what are the chances of getting this successfully?
If your sister got married under the Hindu Marriage Act or any other Indian Law, she can file a divorce petition in India. She should get divorce irrespective of whether husband contests the divorce proceedings or is proceeded ex-parte. Compensation is dependent upon whether he joins the proceedings or not; and whether a criminal case is made out against the husband & his relatives residing in india. Matrimonial offences are not extraditable & there may be no recourse in criminal case against husband if he doesn’t come to india. It would also depend on whether husband is an Indian citizen residing abroad or he’s a foreign national.
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Adv. Gaurave Bhargava
Delhi | 25+ Answers
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This makes for a case of dissertion which means that they have no been living together for more than 2 years now. So your sister can file a divorce here in India itself have him summoned and ask for divorce along aiwth maintenance or alimony.
Hope this helps. Thanks.
Hope this helps. Thanks.
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Adv. Shobhit Bhatia
Delhi | 100+ Answers
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Your sister can file the divorce petition as there is no consumation of marriage and has been disserted since the year 2012. she can file divorce on the ground of dissertion and also file petition for maintainence as well. you may take proper legal advice the advocate may suggest looking into facts and advice on other aspect of the case.
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Adv. Poonam Atey
Delhi | 25+ Answers
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Yes u can file for divorce in India as the marriage was performed in India.
The husband can claim exemption from appearance or he can give Special Power of attorney to any of his relative to pursue the case.
The husband can claim exemption from appearance or he can give Special Power of attorney to any of his relative to pursue the case.
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Madam who will give her Divorce when husband is not in the scene
. She had to first file fir the writ if habious corpus to call her husband to India then only some thing can be done. So ask her to file writ petition first
. She had to first file fir the writ if habious corpus to call her husband to India then only some thing can be done. So ask her to file writ petition first
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