Procedure to file a divorce case if wife resides outside India
11-Jul-2023 (In Divorce Law)
wife is inthe UK and husband is in India and have been seperated for five yers h how can the husband file for divorce from India
Husband can file contested or mutual divorce.In contested divorce the address of the defendant shall be the permanent resident of the wife as well as the address of the abroad and you can send summon to the abroad also.
Divorce with foreign spouse in India
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Mutual divorce when husband lives abroad
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How to file divorce in India
You did not mentioned under which law the marriage was solemnized and the place of marriage. There are different laws of divorce for different religion which are governed by Hindu Marriage Act (Hindus), Indian Divorce Act (Christian), Dissolution of Marriage Act (Muslims). For the sake of discussion, where the marriage was solemnized under Special Marriages Act or HMA, in india or abroad, you can still file a divorce petition in the District Court in whose jurisdiction-
(i) the marriage was solemnized or
(ii) the respondent at the time of the presentation of the petition resides (HMA) or
(iii) the parties to the marriage resides or last resided together as husband and wife.
The grounds of divorce depends under which law your marriage was solemnized. But common grounds for divorce are desertion and cruelty.
Procedure: Once the divorce petition is filed and admitted, the next step will be serving of the summons through Court to Central authority to make the required arrangements to forward the summon to the concerned person in UK. Upon completion of the entire process, a letter will be forwarded to the applicant stating, method, place, date, service and the person’s name to whom summon has been delivered. If your wife doesn't enter and contest the application, the matter will be heard ex-parte. If she does appear, then the matter will be heard as contested divorce.
(i) the marriage was solemnized or
(ii) the respondent at the time of the presentation of the petition resides (HMA) or
(iii) the parties to the marriage resides or last resided together as husband and wife.
The grounds of divorce depends under which law your marriage was solemnized. But common grounds for divorce are desertion and cruelty.
Procedure: Once the divorce petition is filed and admitted, the next step will be serving of the summons through Court to Central authority to make the required arrangements to forward the summon to the concerned person in UK. Upon completion of the entire process, a letter will be forwarded to the applicant stating, method, place, date, service and the person’s name to whom summon has been delivered. If your wife doesn't enter and contest the application, the matter will be heard ex-parte. If she does appear, then the matter will be heard as contested divorce.
Dear client,
As per the statement and details given by you my legal suggestion would be that yes you can file a case for divorce against your wife in India itself as according to the provisions of Section 19 (iv) of Hindu Marriage Act 1955 as far the jurisdiction to file the case is concerned.
As per the statement and details given by you my legal suggestion would be that yes you can file a case for divorce against your wife in India itself as according to the provisions of Section 19 (iv) of Hindu Marriage Act 1955 as far the jurisdiction to file the case is concerned.
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.
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