How to deal with Foreigner Filipino spouse who left & not returning

12-Feb-2024 (In Divorce Law)
what legal action can be taken against my spouse who is a filipino national and now im in india delhi but it's been 2 years she hasn't cm or even visit me i went to talk to her but still she is not returning to india, we have no kids, we got married in india, new delhi under hindu marriage act. aarya samaj and have all proof of her religion conversion and marraige certificate and all, and also registered certificate from philippines embassy. is divorce possible as she doesn't reply anymore?
Answers (5)

Answer #1
609 votes
divorce is possible if she had not come to you in India for more than 2 years then divorce is possible according to Hindu marriage act term is desertion.
for more information kindly discuss the case on call thanks. so please contact me on my phone number
Answer #2
771 votes
Yes you can take divorce in this regard and we need to file suit for divorce in the concerned court. If she doesn’t come on service of summons from court then court will issue you a ex-party court decree.
You need to hire expert advocate in this case. Plz b in touch
Answer #3
919 votes
sir difenately you can file the divorce against her. does not matter from where she belongs you can file the divorce case and you can get eaisly xparty divorce if she is not replying your notice or court summon you can get xparty divorce.
Answer #4
723 votes
First of all hire an advocate and fix appointment with them and told him all your legal issues then they will suggest you better legal solution regarding your all matrimonial issues and helps in providing relief in your all matrimonial matters either in India or off outside any country and your spouse is of other country also and helps in providing relief as soon as possible In all legal matters And explain you in briefly about all legal solutions in a legal way
Answer #5
742 votes
You cannot request the court to compel her return. No one has the authority to coerce/compel her back to you. However, you can pursue a divorce case under sections 13 (1) (ia) and (ib) for cruelty and desertion. Upon obtaining a divorce, you are then free to marry someone residing in India who is unlikely to repeat the same actions.

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 and has been responded by one of the Divorce Lawyers at to address the specific facts and details.

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