What to do if husband not coming to India for divorce

755 votes

Wife can file a petition for divorce on on any ground which she aggrieved of. In case of contested divorce if husband failed to appear before court he'll be exparte from proceedings, she may get an order in favour.

Advocate K S Rajeshkumar LawRato

596 votes

Your sister can file divorce in the court mentioning the address of both India and abroad residence. The court will send summons to both the addresses and through paper advertisement if needed. After multiple attempts your sisters' husband will be set exparty and your sister may get favorable order.

Advocate Sumathi G LawRato

807 votes

Hello, When your sister has proper ground on which a divorce can be sought, then the fact that her husband is staying in abroad and refusing to come here doesn't have any bearing on your case. you can still file the case stating both his local address and foreign address. Only when you file mutual consent divorce does you need both persons to come to court while filling. Your sister's husband has the option of appearing through another person by giving a power. Hence, Husband staying abroad isn't a hindrance at all.

Advocate M. Dheenadhayalan LawRato

643 votes

You dont have to wait for him to return to India. Your sister can file for divorce. If he does not come, your sister can get a divorce by setting her husband exparte. If you dont know his abroad address, you can send the court notices to the address in India. If you need any further advice/assistance kindly contact me.

Advocate Suchit Palande LawRato

936 votes

file a divorce case in India if your sisters husband not appearing in Indian courts then your sister will get exparte divorce automatically for the nor appearance of your sisters husband. why you are waiting for a long time when you have another legal remedy provided by law.

Advocate Satish Kumar LawRato