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My husband is a Canadian citizen he applied for divorce null and void and he left back to Canada. He


15-Apr-2023 (In Divorce Law)
My husband is a Canadian citizen he applied for divorce null and void and he left back to Canada. He didn't attend the case so the case was nullified. Now I don't want to live with him. He has left the country and not going to come back to India. I want divorce. Is it possible to get divorce without his presence. he is ready for divorce but he is not ready to come to India.
Answers (3)

Answer #1
522 votes
Yes, you can file a petition for divorce here in India and proceed with the same. It is upto your husband to contest it here in India or remain absent. If he remains absent continuously the court will pass order in your favour. By the way your husband is not ex yet.
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Answer #2
506 votes
case is very simple if you want to get divorce then you apply divorce on the place of marriage or where your husband resides or where you lostly reside at together this are the places in case of a Hindu where the Hindu wife resides they can file divorce on the place of Residence where the Hindu wife reside so you can apply a fresh divorce petition before the Indian codes and if your husband is not returning to the Indian courts on the appointed time then you have a chance to get exported divorce with the absence of your husband
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Answer #3
764 votes
It is possible to get a divorce in the absence of a person. If a person is served notice and refuses to come after the court notice is served, it becomes obligational on the court to pass judgment as you have prayed in his absence. It is called an exparte order/ Judgment.
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