Where to file for divorce is wife not ready to stay with husband

781 votes

While most issues related to a domestic divorce action are not any different than those related to an international divorce, you may find a less weary attorney by looking for one who has experience in international issues. Check websites for attorneys in your jurisdiction who offer family law services and see whether they have experience in international divorces or military divorces. Even if the prospective attorney does not have this specific experience, check if he or she has experience in other international matters, such as contract disputes or commercial matters.

Some of the same issues, such as notice requirements, may be the same even if the cause of action is different. You can also check websites for attorneys in the country where you were married. However, many U.S. states and countries mandate that at least one of the spouses be a resident of the jurisdiction for a certain period of time before they will allow you to get divorced there. Therefore, it may be easier for you to get divorced in your new country of residence than in that where you were actually married.

Advocate Siddharth Dev LawRato

783 votes

Hi
You can file in Delhi.


Question: NRI boy got married in karnal in 2006 as per Hindu customscand marriagecwas regd in karnal.,They went to USAafter marriage and came to Delhi thrice till March 2008 on short visits and stayed with parents of husband residing in Delhi..In 2010 the husband had to go to other countries for his job ,but since then wife has refused to join him in country of his job and is staying alone in USA.Husband seeks divorce on ground of desertion and cruelity as they are living seperatly for 6 years .whether he should file for divorce in karnal or delhi ( last resided) . wife may not contest the proceedings.

Advocate M P Siddiqui LawRato

843 votes

Divorce can be filed at any of the location that is where the marriage got solemnized or where they last resided ,So you have both options of karnal and Delhi,Delhi can also be the jurisdiction to file the divorce proceedings, regarding desertion and cruelty the facts and circumstances of the case to be observed.

Advocate Nishant Solanki LawRato

578 votes

He has to file the the on last residing address for divorce under section 13 1 1a and 1b of H.M.A and if you know the reason why she does not come to reside with you, then it would be more convinient to get divorce.
Thanks and regards

Advocate Anand Verdhan Maitreya LawRato

771 votes

As per information provided by you, the parties last resided together at Delhi.
According to Hindu Marriage Act, the suit for divorce can be filed, at the place marriage was solemnised, that is Karnal, or where the respondent resides, or where the parties resided together.
In your case, the respondent, wife resides in Delhi, and you resided together at Delhi.
Though, there shall be no restraint in filing at Karnak, yet I will advise you to file it at Delhi, because, as per law, the wife may file for a transfer to her place of residence, which could delay proceedings as the Transfer Petition is filed in Supreme Court.
To expedite, file in Delhi, in family court under whose jurisdiction you resided or she resides, serve notices on last address known and finish it fast
Feel free to connect.

Advocate Wg Cdr Mohammed Mujeeb (Retd) LawRato