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Divorce Querry / special maariage act / 2019 / foreigner girl


22-Apr-2023 (In Divorce Law)
hi, i got married in court in Pune last year in may, under special marriage act. We both are christians, the girl is a foreigner. I want to get a divorce because the girl is of low moral and theres no way we can gel together. we have not stayed together after marriage. She is working in Dubai, and im in dubai on visit mostly. We are not in talking terms. Other than mutual consent divorce, is there any other way i can get a divorce without bringing her to india? Or is it possible to get divorced in dubai itself? how long would it take to get a divorce? how much money would be needed for the same?
Answers (2)

Answer #1
770 votes
you can file divorce application before District Court Pune. On following ground

(1) Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the District Court either by the husband or the wife on the ground that the respondent-
(a) has, after the solemnization of the marriage had voluntary sexual intercourse with any person other than his or her spouse; or
(b) has deserted the petitioner for a continuous period of not less than two years immediately proceeding the presentation of the petition; or
(c) is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Indian Penal Code (45 of 1860); or
(d) has since the solemnization of the marriage treated the petitioner with cruelty; or
(e) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind, and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
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Answer #2
577 votes
Hi

In this case you can proceed to mutual consent divorce by executing power of attorney wherein you both can be exempted from appearing in the court.
You cannot get divorce in Dubai because your marriage is performed under Indian law.
For the sake of recording affidavit and consent Skype session can be arranged in court.
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