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Me and my wife are living separately for 10years, can I get Divorce
17-Oct-2023 (In Divorce Law)
I am a HIndu and an NRI. I have been separated with my wife for the last ten years. We have a daughter who is now 18 years old. I have not met them nor am I giving any maintenance to them since we are separated. My wife never approached me too for any maintenance. I want to get divorced. How are the chances of me getting a divorce and approximately how much time will it take for the whole thing to get over? Me being outside India, will it affect in filing the case in Hyderabad? How often will I have to come for the court proceedings? Please advice.
Hi
The recent supreme court ruling has effectively prohibited use of video conferencing facility for a short period of time and hopefully a five member bench might allow the video conferencing in due course of time.
So till such time, parties are required to attend atleast 1 hearing once in 3 months.
A contested divorce proceeding takes about 2 years.
In your case since period of separation has been more than 10 years,hopefully your wife might be willing to settle for mutual consent divorce. In general if there is no financial demand from your wife, a mutual consent divorce should be possible within 7 calendar months(because there is a six month cooling period) whereas in your case a contested divorce might take about 24 months if filed at Hyderabad.
The recent supreme court ruling has effectively prohibited use of video conferencing facility for a short period of time and hopefully a five member bench might allow the video conferencing in due course of time.
So till such time, parties are required to attend atleast 1 hearing once in 3 months.
A contested divorce proceeding takes about 2 years.
In your case since period of separation has been more than 10 years,hopefully your wife might be willing to settle for mutual consent divorce. In general if there is no financial demand from your wife, a mutual consent divorce should be possible within 7 calendar months(because there is a six month cooling period) whereas in your case a contested divorce might take about 24 months if filed at Hyderabad.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Dear Sir,
If either of the spouse has left the company of the other without a valid excuse and a reasonable cause, for a continues period of more than 2 years, then the other spouse can file a petition for obtaining divorce on the ground of desertion. As its been 10 years of separation, file the divorce petition before the family court of the jurisdiction where the marriage was solemnized or where you both were resided together. The chances of getting divorce and time taken in completion of the divorce proceedings cannot be predicted before hand. It will depend on many factors such as backlog of cases in the court, behavior the parties, adjournments, availability of the judge etc. Usually divorce cases take a minimum period of 2-3 years to get disposed. You can file the divorce petition through a Power of Attorney wherein you should authorize a person to file the case and contest the case on your behalf. Once the divorce petition has been filed, your presence would be required only at the stage of evidence i.e, during cross examination. Go ahead and file for divorce.
If either of the spouse has left the company of the other without a valid excuse and a reasonable cause, for a continues period of more than 2 years, then the other spouse can file a petition for obtaining divorce on the ground of desertion. As its been 10 years of separation, file the divorce petition before the family court of the jurisdiction where the marriage was solemnized or where you both were resided together. The chances of getting divorce and time taken in completion of the divorce proceedings cannot be predicted before hand. It will depend on many factors such as backlog of cases in the court, behavior the parties, adjournments, availability of the judge etc. Usually divorce cases take a minimum period of 2-3 years to get disposed. You can file the divorce petition through a Power of Attorney wherein you should authorize a person to file the case and contest the case on your behalf. Once the divorce petition has been filed, your presence would be required only at the stage of evidence i.e, during cross examination. Go ahead and file for divorce.
Helpful?
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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