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Exparte Divorce - spouse left the country


07-Feb-2023 (In Divorce Law)
My wife has left the country without letting me know. She was staying with her parents from past 8 months. Now she calls me and tells me to move to that country if I want her which I cannot as i am the only son and need to take care of my parents. 1. How can I file for divorce? 2. Can she file counter cases against me staying in other country? 3. How long does it take for exparte divorce? What is the procedure? 4. If I send a notice to her parents address, is it valid? Can someone accept it on behalf of her?
Answers (2)

Answer #1
656 votes
Sir, You can file a petition while she’s not around, but it won’t necessarily be an exparte divorce. Notice can be issued to her parents cause that’s her last known address (unless you know where she’s living currently) and they may notify her, and she could always give a GPA to them to appear. She could file a counter, here, in India (not necessarily Bangalore), and in the event that is also for divorce or a restitution of conjugal rights, it would be clubbed with your matter for divorce. I’d need more details so that I can advice more appropriately, let me know of convenient time to contact you.
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Advocate Priyanka Y

Adv. Priyanka Y

LawRato Bangalore / Bengaluru | 100+ Answers
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Answer #2
522 votes
hi sir, you can file expartee divorce in Bangalore, she cannot file counter cases in other country since she last resided here only, expartee divorce won't take much time, notice to be sent to her only since u r filing divorce against her. for filing a case and also for any legal assistance kindly contact me. thanks
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Advocate Suma BK

Adv. Suma BK

LawRatoBangalore / Bengaluru | 100+ Answers
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