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Divorce my spouse if he is in another country


29-Nov-2023 (In Divorce Law)
We are legally married in India, but he is in now in USA and not willing to come back India, kept me hanging in this marriage. How can i divorce him legally as per india if he doesnt return ever.
Answers (3)

Answer #1
819 votes
Since you have married in India , you may file petition for contested divorce in Indian court and get the court summons served to him in USA by appropriate way and after serving the summons if he comes , it is good or otherwise court may proceed ex-parte in his absence.
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Answer #2
520 votes
hi adv kalekar here.
deals with family law
yes u can get divorce if the spouse is abroad but little different procedure
u hv to file petition in indian court
then service of notice to other party either through mail or belief as per other country's procedure...ex parte proceeding can take place
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Answer #3
500 votes
hi

in this case you can file contesting divorce case before the family court

the court will send summons to your husband via email and through embassy

if he rejects the summons the ex parte order will be passed granting you divorce
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