LawRato

Divorce by Desertion and Repercussions in absentia.


29-Jun-2023 (In Divorce Law)
My wife (Indian) and I (non-Indian) live in separate countries, we live separate lives and have been physically separated for over 8 years but not divorced. We are not in contact in any way. If she petitions the court for a divorce on grounds of desertion, and I am unable to appear for the hearings in India, would a divorce be fairly simple (without my having to travel to India)? Is there any risk to me that the courts would look to fine or imprison me in absentia due to the desertion? Thanks.
Answers (3)

Answer #1
877 votes
It is necessary that you share some more details so that I can assist you further in the matter. A thorough examination of the case at hand will enable me to assist you further in the matter and advise you accordingly.
Helpful? LawRato LawRato
Advocate Mikdad Zummerwala

Adv. Mikdad Zummerwala

LawRato Mumbai | 100+ Answers
Chat with Advocate Mikdad Zummerwala Chat 
Answer #2
654 votes
absolutely not. You won't be facing any charges, imprisonment etc for non appearance in your divorce petition of your wife. It's just that the matter will be heard in your absence and decided as per your wife's say
Helpful? LawRato LawRato
Advocate Juhi Qureshi

Adv. Juhi Qureshi

LawRatoPune | 200+ Answers
Chat with Advocate Juhi Qureshi Chat 
Answer #3
981 votes
If your wife files for divorce on the ground of desertion in India , she may ask reliefs such as maintenance , alimony etc. and if you do not appear in court after summons being duly served upon you then the court will proceed ex-parte and grant divorce to your your wife alongwith other reliefs claimed by her.
Helpful? LawRato LawRato
Advocate Mukesh Vasant Shinde

Adv. Mukesh Vasant Shinde

LawRatoThane | 400+ Answers
Chat with Advocate Mukesh Vasant Shinde Chat 

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 lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato