Procedure to file divorce from out of the country

771 votes

Yes you can file from USA via a power of attorney in favour of any relative/friend through whom you would wish to pursue the matter here. However, I suggest that you do not file a divorce petition since your husband would naturally contest it. Its advisable that you file a complaint under Protection of Women from Domestic Violence Act, 2005 seeking return of your documents, any other stridhan or property and even maintenance. Once he appears in the domestic violence complaint, you may get the matter referred to mediation and get him to agree to get a mutual divorce (which is the fastest way to get a divorce in India), get your original documents back and seek a favourable settlement once and for all.
However, it is important that you should gather some of his chats, emails, letters etc which can prove adultery or illicit affairs.
You may contact me through Pathlegal for a detailed discussion. I expertise in matrimonial law and would be able to guide you to suitable relief

Advocate Mrinmoi Chatterjee LawRato

968 votes

It’s really very sad that u have to face such problems in ur wedlock, my sympathy is with u n i will like to update u that without coming to india u cannot file divorce case against ur husband. N as far as legal papers of ur property r concerned we can obtain them with the orders of court.

Advocate Shikhar Vats LawRato

541 votes

Yes you can under the Hindu Marriage Act. If your husband is also ready for a divorce you may file for a mutual divorce under section 13 of the Hindu Marriage Act. You have the option of entering into a settlement agreement with respect to the same and state the terms of division of your property in the agreement.

Advocate Aarti Manchanda LawRato