Can a divorce be granted ex parte if the wife is in India and husband is abroad. Marriage was done i

723 votes

hi

in this case you can file contesting petition for divorce wherein the summons will be served through embessy, if he doesn't respond then you can obtain ex parte decree.

cooling off period cannot be waived on the ground that one spouse living abroad. it is possible that it can be executed through power of attorney.

Advocate Rohit Shaligram LawRato

770 votes

Yes obviously you can file divorce petition under section 13(1) for causing mental cruelty. If your husband is ready to give divorce but not willing to come to India, their are two options either to inform him to hand over attorney to any of his relative in India or to apply to court for video Conference and pass order dear.

Advocate Manoj Mulchandani LawRato

520 votes

1) You already residing separately for two years.Therefore that separation period shall be ground for getting divorce.That ground shall be desertion by your husband.
2) You can file divorce petition in family court, Bandra,Mumbai.
3) In divorce petition court can grant exparte order of divorce if your husband not appear and file say and evidence in court.

Advocate Sandeep Shamrao Pingale LawRato