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H4 dependant visa and divorce in india


27-Jul-2023 (In Divorce Law)
Hi, I am female, married and applied for divorce in India. Now I am in India and had a h4 dependant visa, it got expired few days back. The person i am married to is not co-operating with the divorce even though he had all the faults like beating and torturing me. As my visa expired I cannot travel to usa to make him sign the documents, he won't answer my calls and lease interested in divorce. I has been two years since I applied for divorce. He renewed his visa and refusing to come to India for further divorce discussion. I cannot live with him. please suggest an option to bring him back to India, so that I can get justice and divorce.
Answers (3)

Answer #1
741 votes
dear mam, it is not easy to bring him here without criminal activities , it is needless his co-operation for divorce even you can get divorce, with out his co-operation
I cannot live with him. please suggest an option to bring him back to India, so that I can get justice and divorce.
there are many shortcuts to bring him to India if needed contact those thinks can not be described herein public
Answer #2
525 votes
If your marriage has taken place in India then you can file divorce petition against him in India. To file the petition on the ground of cruelty or desertion etc his consent is not necessary to file the petition. In case, if he is also willing for divorce then both of u can jointly file mutual consent petition for divorce. As if u stated above , if he failed to come to India, you can serve the notice to him through the court. Even after serving the court summon also if he failed to appear before the Indian Court then the Indian court may give a exparte divorce decree.
Answer #3
666 votes
Hello,

If you want to file a divorce petition in India, there is no necessity that your husband should be India as long as the court summons will reach him. The High court of Madras has ruled that the family court in India had jurisdiction to try matrimonial litigation even if the husband is a citizen of a foreign country and not an ordinary resident of India.

If you husband has been served and is still not appearing before the court, ask for an exparte decree.

Regards,
Aditya

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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