Contested for divorce under HMA 13,1,Ia,Ib

18-May-2024 (In Divorce Law)
Hello, I’m a male, Hindu. We both got married in 2020, both are educated and job holders. due to various reasons we are living separately for 3yrs. Currently she migrated to other country 6 months ago. I have filed for divorce in January 2024. Till now I have seen two hearings and next one is in June 2024. As I mentioned she was not even here to receive the notice from me. Till now there is no response from them either legally nor personally. I don’t have any interest in continuing. As there is no response from them, I feeling I got stuck in my life and my family is also suffering. Please provide any guidance on this.
Answers (5)

Answer #1
526 votes
Since you are living separately from 3 years and your wife has also shifted seems like a case of a dead marriage. Based on the facts, you will be able to get an exparte divorce decree. If that does not work, you can directly file a petition before the Supreme Court for Irretrievable Breakdown of Marriage.
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Answer #2
765 votes
guidance is available. you don't have to worry about the notice. it would be done. where have you filed the petition? why didn't she received summons? what are the complete facts and circumstances of the case?
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Answer #3
754 votes
If she hasn’t received the summons yet then you can file an application in the court to get the summons served through WhatsApp, e-mail or through the embassy. Contested divorce takes time, it might take up to 3 years. Don’t lose patience, just ensure that the summons are served properly and still she doesn’t appear then the court can proceed ex-parte.
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Answer #4
777 votes
Please be advised that you can send your wife notice at her parental home in India.
What happened in the first two hearings and what is your case status for the Jun2024 hearing?

I can advise better if we can speak over this matter. Please contact me for further queries.

Adv. Shalu Bhatia
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Answer #5
900 votes
Hello sir you can get the notice of that local address which are immediately also, you can take the probation to serve it additionally, through WhatsApp, or please contact us with more details on ratio where the case is pending and many more details guide effectively please feel free to reach out to us and contact us for assistance
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Divorce Lawyers at to address the specific facts and details.

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