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divorce when husband comes to India only for a month in a year


28-Aug-2023 (In Divorce Law)
I reside abroad. I have family problem my wife give trouble to my parents Evan my mother file case in local police now i want file divorce against her i am working on contract basis an visit India ones in a year and getting only one month leave i cant stay in India more then 30 days i don't get that much time for court hearing please suggest me i have one 2 year kid
Answers (4)

Answer #1
625 votes
Hi Dear Querist, as per your query you have said that you are enable to stay more than 30 days in India, and you want Divorce from your Wife, in case if you want divorce then go for Mutual Divorce if your wife is ready then it can be done within a month also.
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Answer #2
608 votes
Though divorce is civil law matter, the courts expect the parties themselves to appear on each and every date. However, in your case, taking into account the difficulty faced by you, permission can be obtained from the court for exemption from appearing personally before the court. In that case, the court might need your presence hardly on few dates like, counseling, your own cross examination, etc. However, you need to be represented by some competent lawyer on all the court dates, to manage these aspects, with the leave of the court.
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Answer #3
694 votes
This is my response to you:
1. You must engage services of a local lawyer;
2. Sign your vakalatnama and ask your lawyer to represent you in court;
3. File the Divorce petition;
4. Then you mus also file a custody application for the child;
5. The lawyer should argue on your behalf and you can waive off your absence from court;
6. Take legal help immediately.
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Answer #4
976 votes
in the current scenario you can only go in for a divorce under mutual consent but for that also you need to come to the court for filing and further hearing of the case request you to kindly get in touch for further brief
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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 lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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