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How to get divorce from my Indian wife staying in USA
20-Apr-2023 (In Divorce Law)
Hi,
I am HIndu and got married 9 years ago and have a son(5 year old). During 2018 April, my wife filed domestic violence case against me to stay in US and get greencard. I came back to India after a month since my mother was admitted in hospital. From past 1 year, I tried to reach mulitple times and asked my wife to return to India so that all can stay together. However, she is adamant that she wants to stay in US and do not like to return. Since I have my own life, I was thinking to move forward in my life. I checked with my wife and she is ready to give divorce but the issue is she will not come to India to give divorce. I also understand there is video conferencing but it seems to be complicated. So my questions are
1. What are the options that I have to get divorce as my wife is staying in USA ?
2. If we are going to send notice to her, will it go directly to her address or will it go via embassy ?
3. How long it will take for my divorce to get done ?
Hi...if u both are ready for divorce then go for mutual consent by that you can get divorce within six months of filing it and if your wife is not ready for that then you have to file contested divorce petition but it will take more years to get the divorce.
Thank you
Thank you
Helpful?
Adv. Rama Chandra Shenoy
Bangalore | 400+ Answers
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Dear Sir,
It is possible by filing mutual divorce and her consent can be taken through video conference which is recognized by the High Court in the following judgment.
=======================================================================Lower courts to use video conferencing to hear divorce, custody cases
The Supreme Court has asked lower courts to use video-conferencing facility in divorce, custody and other matrimonial cases when the estranged couple live in different cities, an order aimed at speedy disposal of such disputes.
Disagreement between a husband and a wife over the place of hearing is one of the biggest reasons for delays in matrimonial cases.
Typically, the woman’s choice is given a priority and the case moved to the place where she lives.
But transfers can only be ordered by the Supreme Court, which is flooded with such petitions that can take years to be resolved.
“... the litigants have to travel to this court and spend on litigation. Question is whether this can be avoided,” said a bench of justice AK Goel and justice UU Lalit in the order issued last week, adding technology ought to be utilised to avoid delays in such cases.
It was not possible to ignore the problems a husband faced in contesting a case at a place convenient to the wife, the court said.
“We are thus of the view that it is necessary to issue certain directions which may provide alternatives to seeking transfer of proceedings on account of inability of a party to contest proceedings at a place away from their ordinary residence on the ground that if proceedings are not transferred, it will result in denial of justice,” it said.
Trial courts should use video-conference calls for recording evidence instead of insisting on personal appearances during hearings.
The direction came on a three-year-old transfer plea by a woman who wanted her divorce case to be moved from Jabalpur in Madhya Pradesh to a court in Hyderabad, where she lived with her minor daughter. The two cities are at least 700km apart.
The case was filed in Jabalpur where her estranged husband resided.
The bench directed high courts to issue orders to regulate the use of video conferencing for trial courts.
If any or both sides ask for the facility, proceeding should be conducted through video conferencing, the court said.
Judicial process in India is painfully slow as courts are saddled with a huge backlog. At the last count, around 28 million cases were pending in various court of the country.
It is possible by filing mutual divorce and her consent can be taken through video conference which is recognized by the High Court in the following judgment.
=======================================================================Lower courts to use video conferencing to hear divorce, custody cases
The Supreme Court has asked lower courts to use video-conferencing facility in divorce, custody and other matrimonial cases when the estranged couple live in different cities, an order aimed at speedy disposal of such disputes.
Disagreement between a husband and a wife over the place of hearing is one of the biggest reasons for delays in matrimonial cases.
Typically, the woman’s choice is given a priority and the case moved to the place where she lives.
But transfers can only be ordered by the Supreme Court, which is flooded with such petitions that can take years to be resolved.
“... the litigants have to travel to this court and spend on litigation. Question is whether this can be avoided,” said a bench of justice AK Goel and justice UU Lalit in the order issued last week, adding technology ought to be utilised to avoid delays in such cases.
It was not possible to ignore the problems a husband faced in contesting a case at a place convenient to the wife, the court said.
“We are thus of the view that it is necessary to issue certain directions which may provide alternatives to seeking transfer of proceedings on account of inability of a party to contest proceedings at a place away from their ordinary residence on the ground that if proceedings are not transferred, it will result in denial of justice,” it said.
Trial courts should use video-conference calls for recording evidence instead of insisting on personal appearances during hearings.
The direction came on a three-year-old transfer plea by a woman who wanted her divorce case to be moved from Jabalpur in Madhya Pradesh to a court in Hyderabad, where she lived with her minor daughter. The two cities are at least 700km apart.
The case was filed in Jabalpur where her estranged husband resided.
The bench directed high courts to issue orders to regulate the use of video conferencing for trial courts.
If any or both sides ask for the facility, proceeding should be conducted through video conferencing, the court said.
Judicial process in India is painfully slow as courts are saddled with a huge backlog. At the last count, around 28 million cases were pending in various court of the country.
Helpful?
Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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