177+ Lawyers are online 
Procedure to apply for divorce in India as wife settled abroad.
08-Mar-2023 (In Divorce Law)
I got married on 18th Feb 2017 and my wife separated on 9th April 2017 asking for divorce all of sudden without any arguments or reason. After a wait for almost a year when I called for filing divorce her brother told that she has left for abroad and divorce is not required, and I should not ask for it. I am not able to travel abroad as visa will not be granted without divorce.
File divorce case in India and show her abroad address and request to issue notice through mail or Indian embassy. If she not appeared in spite of receipt of court notice, then court will grant divorce if prove your case
Helpful?
45+
45+
Adv. Santosh R Kolkar
Belgaum | 100+ Answers
CONTACT NOW
How can I get divorce in India while living abroad?
Both parties must file divorce papers with the court.
Both parties must agree in advance on the amount of maintenance and the custody of any child born out of marriage.
The case is adjourned six months after the date the plea was presented, also known as the initial motion.
How do I file for divorce if my husband is in another country?
Send the petition to your spouse via registered mail if his/her country allows it. Include a postal receipt for return receipt. It is necessary to obtain a return receipt in order to confirm that the petition has been delivered and accepted by your spouse.
Can a person living in the USA divorce his Indian wife without going to India should he apply for a divorce in the USA or in India?
Can an American divorce his Indian spouse without having to travel to India? Should he file for divorce in India or the USA? If the marriage was performed according to Indian law, the divorce petition must be filed in accordance with Indian law. The divorce decree is valid anywhere in the globe.
How do you deal with an unexpected divorce?
Take care of your emotional and physical health.
Relax, exercise and eat healthy. As much as you can, stick to your regular routine. Avoid making big decisions or major changes to your life plan. Avoid using alcohol, cigarettes or drugs to cope. They only cause more problems.
Hi
First ascertain abroad address of your wife. Then you can issue the legal notice. Their after based upon reply, u can decide. Alternatively, you can also file a case for divorce, after issueing legal notice to the last known address or parents address, later on, knowing about reply/status. U can decide what can be done legally.
First ascertain abroad address of your wife. Then you can issue the legal notice. Their after based upon reply, u can decide. Alternatively, you can also file a case for divorce, after issueing legal notice to the last known address or parents address, later on, knowing about reply/status. U can decide what can be done legally.
Helpful?
37+
37+
Adv. Nagendra Prasad
Bangalore | 100+ Answers
CONTACT NOW
sir, you can able to file a divorce petition in your jurisdictional matrimonial court for divorce. with out divorce from competent court wedlock is not dissolve and you can't escape from responsibility.
Helpful?
30+
30+
Adv. LP Mutaguppi
Bangalore | 25+ Answers
CONTACT NOW
-
Procedure to Apply for Divorce in India with Spouse Settled Abroad:
-
Jurisdiction Consideration:
- Determine the appropriate jurisdiction: In cases where a spouse is settled abroad, it's crucial to establish which Indian court has jurisdiction over the matter. Generally, it would be the court where the couple last resided together.
-
Consulting an Attorney:
- Seek legal advice: Engage an experienced divorce attorney who can guide you through the process, especially given the international aspect.
-
Drafting the Petition:
- Prepare divorce petition: Draft a divorce petition stating the grounds for divorce and other relevant details. It should be filed in the appropriate family court.
-
Service of Notice:
- Serve notice to the spouse abroad: The spouse settled abroad needs to be properly served notice of the divorce proceedings. This may require compliance with international service of process laws.
-
Affidavit of Service:
- Obtain an affidavit of service: After the notice is served, an affidavit affirming that the spouse has been duly informed of the divorce proceedings may be required.
-
Legal Representation for Spouse Abroad:
- If the spouse settled abroad wishes to participate in the proceedings, they may engage legal representation in India.
-
Hearings and Proceedings:
- Attend court hearings: Both parties or their legal representatives may need to attend court hearings to present their case.
-
Divorce Decree:
- Obtain the divorce decree: If the court is satisfied with the evidence presented, it will issue a divorce decree.
-
Jurisdiction Consideration:
-
Special Considerations:
- Second Marriage: It is not legal to marry another person without obtaining a divorce from the previous spouse. Bigamy is a criminal offense in India.
- International Marriage: If the marriage was solemnized in India, the divorce proceedings should typically take place in an Indian court, even if one spouse is residing abroad.
Helpful?
Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
Jurisdiction:
Consult an attorney:
Writing the Petition:
Notification of Service:
Affidavits of Service
Legal Representation of Spouse Abroad:
Hearings and Proceedings
Divorce Decree:
Helpful?
Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
