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Divorce from my husban who is not living in India


16-May-2023 (In Divorce Law)
I’m living seperately from my husband from last 1 1/2 years now. He lives in other country. Can i get divorce without him coming to India? If i’m living seperate from my husband for more years than it will be considered as divorce? And how many years ?
Answers (3)

Answer #1
546 votes
you cannot get a divorce from your husband without informing him. when you file for divorce, summons to appear will be sent to him. if he appears, then normal procedure will be followed. if he doesnt appear, then an ex-parte decree for divorce will be granted.
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Advocate Rohan Sharma

Adv. Rohan Sharma

LawRato Delhi | 200+ Answers
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Answer #2
777 votes
hello sonam as you saying that you got married 1.5 years ago and your husband is living out of india.you want divorce from ur husband and do not wish tht he should come to india you want without his coming to india you want divorce .yes it can be possible but for tht u have to obtain procedure clear then only you can het it done.
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Advocate Vishwanath Pratap Singh

Adv. Vishwanath Pratap Singh

LawRatoDelhi | 1000+ Answers
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Answer #3
703 votes
Dear Madam, Under Hindu marriage Act says that if there are desertion for 2 ys. without having consummation , or living separately without any reasonable cause or without consent of spouse or against the wish or willful neglect, may be considered as one of the legal ground for divorce. No, you can not do so without his presence, or this may be possible otherwise , or if he does not attend on dates. You may discuss for your issue through my consultancy for legal advices and filing drafting your case. Thanks
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Advocate Sanjay Kr. Jha

Adv. Sanjay Kr. Jha

LawRatoDelhi | 200+ Answers
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