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One year after the wife deserted, husband is now living abroad
03-Jan-2023 (In Divorce Law)
My married life (Hindu) was filled with mental and emotional abuse from my wife. My wife then went to her parents home in January 2018 and never came back. One year after separation, in 2019 I found a job abroad and went for it. After five years of separation and constant silence from her side, she is now constantly tormenting my family in India to take her back. But her extremely abusive nature is intolerable and the trauma I have gone through scares me a lot. She is denying for divorce and forcing me to take her back. How can I file a divorce while being abroad?
Hello !
As far as she having separated from you way back in 2018 and not returning till now is concerned, you have a good ground for filing a contested divorce on the ground of desertion and cruelty. So far as your query of filing divorce abroad is concerned I am afraid that can’t be done because for that to happen both of you must be residing within the jurisdiction of the same country where you wish to file for divorce. Another instance where the abroad filed divorce can succeed is when she accepts the jurisdiction of the foreign court when the notice is sent to her, which is unlikely because you yourself said that she’s not ready to give divorce to you. Even if the foreign court passes an ex-Parte order of divorce it won’t have any effect in India because the wife would say that she never accepted that court’s jurisdiction. Lastly, it’s not that the foreign court decree of divorce will take effect on both of you the moment it is passed rather you will have to come to India and file a suit for declaration of divorce on the basis of that foreign judgment.
Please contact for further help.
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Adv. Rajnish Kumar Singh
Adv. Rajnish Kumar Singh
Delhi | 100+ Answers
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hello,
since your wife is in India and your marriage was solemnized in India. you can file a case of divorce in India,considering the above two situations. hope this was helpful. contact me for further legal guidance.
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Adv. Megha Mary Thomas
Adv. Megha Mary Thomas
Delhi | 100+ Answers
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you have to visit india to file divorce case and be ready for counter blast of cases from your wife sides this generly happens.. you have valid reason for divorce it takes approx 2 years to get divorce decree and you have to visit two to three times in court... if your case is from delhi contact us we are expert in such matters
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Adv. Ankush Chaudhary
Adv. Ankush Chaudhary
Delhi | 200+ Answers
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Hi..!!
You can file on the basis of cruelty by having a power of attorney. You can make your power of attorney in any person's name like your father, mother, brother, sister, friend, who is close to you and knows well about the case and your life.
However you will have to fly down for a few times but till then your attorney can represent you in the Court.
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Adv. Meenakshi Garg
Adv. Meenakshi Garg
Delhi | 100+ Answers
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If the behaviour of your wife is intolerable towards you then you can always file for divorce against her. I would suggest you to go for the mutual divorce if possible because it is less money consuming and ends up in maximum of six months. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Adv. Jitender Singh
Delhi | 1000+ Answers
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