629+ Lawyers are online 
Wife leaving India without Divorce
22-Aug-2023 (In Divorce Law)
Wife is leaving India alone for 3 years which can be extended to another 3 years.
I want to take divorce but she is not ready for it.
How can I take divorce after she leave India ?
Can I stop her from leaving India as Husband ?
If you will file she will have to appear before the court. If she doesn’t appear then you shall be given ex—parte divorce. File as soon as possible before she leaves and serve copy to her. Provide more details for better advise.
Helpful?
30+
30+
Adv. Ruchi Singh
Navi Mumbai | 100+ Answers
Chat
Sir,
We appreciate your concerns and question.
if your wife has refused to live with you then this qualifies as desertion. A divorce can be obtained on the grounds of desertion. You can't physically stop or compel anyone from leaving the the country however you can obtain a divorce decree exparte stating that the spouse is not willing and doesn't wish to cohabit.
Stopping someone from leaving the country and making them stay with spouse is a matter of adjustment and mediation it cannot be forced. If mediation fails then divorce can be obtained on grounds of desertion.
We appreciate your concerns and question.
if your wife has refused to live with you then this qualifies as desertion. A divorce can be obtained on the grounds of desertion. You can't physically stop or compel anyone from leaving the the country however you can obtain a divorce decree exparte stating that the spouse is not willing and doesn't wish to cohabit.
Stopping someone from leaving the country and making them stay with spouse is a matter of adjustment and mediation it cannot be forced. If mediation fails then divorce can be obtained on grounds of desertion.
Helpful?
37+
37+
Adv. Ankush Subodh Pal
Mumbai | 100+ Answers
CONTACT NOW
hi
in this case you can file contesting divorce petition before the family court
as soon as she receives summons she has to stay within the Indian territory
even before she leaves India then summons can be served to Indian embassy in that country and she may be deported
in this case you can file contesting divorce petition before the family court
as soon as she receives summons she has to stay within the Indian territory
even before she leaves India then summons can be served to Indian embassy in that country and she may be deported
Helpful?
39+
39+
Adv. Rohit Shaligram
Pune | 500+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
