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What to do if wife is abroad and I want divorce
10-Apr-2023 (In Divorce Law)
My wife is settled outside India for the past 2 years and her parents are not responding at all to phones or letters. All I know is that she is settled outside India by looking at her Linkedin status. What are the steps to convince the court that she is working and settled outside? All I have is her current office address (Denmark) and could manage to get her official email address and linkedin site showing her status to be working outside India. I couldn't get employee verification letter from her company's HR as that is outside the company policy. Under these circumstances, how can the court/judge be convinced about her current living status and to deliver the petition to her ? Is email address considered a valid channel by court? What other options? This is for christian divorce.
Procedure will be adopted same irrespective of religion and caste for in proceeding, you can file divorce petition by showing her present address and request to court issue notice through mail or embassy. It will confirm her address and really she is working and residing abroad in shown address then she will receive or refuse to receive notice, then court will pass suitable order
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Adv. Santosh R Kolkar
Belgaum | 100+ Answers
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Sir, Under the said circumstances, you are entitled for Divorce under Sec 10 (ix) of the Divorce Act. which read as follows:
10 Grounds for dissolution of marriage. —
(1) Any marriage solemnized, whether before or after the commencement* of the Indian Divorce (Amendment) Act, 2001, may, on a petition presented to the District Court either by the husband or the wife, be dissolved on the ground that since the solemnization of the marriage, the respondent
(ix) has deserted the petitioner for at least two years immediately preceding the presentation of the petition; or
(x) has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it would be harmful or injurious for the petitioner to live with the respondent.
Yes email address and whats app messages are considered a valid channel by court for communication.
We can file a divorce petition under section 10 of the divorce Act.
10 Grounds for dissolution of marriage. —
(1) Any marriage solemnized, whether before or after the commencement* of the Indian Divorce (Amendment) Act, 2001, may, on a petition presented to the District Court either by the husband or the wife, be dissolved on the ground that since the solemnization of the marriage, the respondent
(ix) has deserted the petitioner for at least two years immediately preceding the presentation of the petition; or
(x) has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it would be harmful or injurious for the petitioner to live with the respondent.
Yes email address and whats app messages are considered a valid channel by court for communication.
We can file a divorce petition under section 10 of the divorce Act.
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Adv. Pallavi K
Bangalore | 100+ Answers
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