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Wife in abroad not responding to divorce notice what to do?


04-Feb-2023 (In Divorce Law)

Sir, my brothers wife went to Gulf for job without taking proper permission from him. After two years she didn't come back and she went abroad without his knowledge and at last she came to india for leave after two years and when he sent a notice to her parents about that he wanted to get divorce. And she didn't want to give him divorce but she wanted to live in abroad alone and also she haven't endorsed her marital stays in passport or to the employer. And she didn't responded for the legal notice which is sent by the advocate. They refuse to respond and if she goes abroad again he must wait

Answers (2)

Answer #1
815 votes
1. Try to Serve the notice through embassy. 2. If you know the employer send a private notice through advocate to the office addressed to her. 3. Need to know if the petition is filed under desertion, if so send to last known address and request for paper publication to get exparte divorce
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Advocate Chandra Mouli VR

Adv. Chandra Mouli VR

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Answer #2
506 votes
If she is not willing for mutual consent divorce, your brother can file a divorce case seeking dissolution of his marriage on the grounds off desertion and mental cruelty. If she has voluntarily abandoned the company of her spouse and living separately away from his without any valid reason nor has participated in the conjugal activities for a period of 2 years or more, she can be deemed to have deserted him and there was no cohabitation between them for a period of two years or more. This can be a major reason for mental cruelty, hence he can seek to dissolve the marriage by a decree of divorce through court of law.
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