Wife not signing for divorce despite separation


I and my wife are in Australia for more than 2 years. She has been living separately for 17 months now. We have not seen each other for 17 months. We got married in may 2015. I have filed a joint application divorce here this month but she’s not signing and her parents in India are harassing my parents by calling them and saying that they might file a fraudulent domestic violence case or a dowry case. I don’t how to proceed further or what shall i do. My parents are really worried because of the reputation. I am not gonna do out of the court settlement for unrealistic demands. She’s equally qualified and has the same work experience that i have.

Answers (5)


201 votes

Dear sir ,
File divorce cade in the court demand divorce on the basis of seperately living,mental harrassment ,physical torture point out court that you are passing through the stage where your married life can not continue.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

198 votes

You have to contest the divorce case in court, it may be possible that she filed case against you and your family membrs , you should collect evidence that she is able to maintain herself and she is living separately without any excuse

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267 votes

Firstly there are many ways to fight but for that you need to contact in person either through any Internet media or call, from Australia because I cannot state any opinion on that point in writting on this or any website.
YOU need to contact me personally.
IF you are out of India and dnt want to come then ask your parents to immediately report the matter to police and lodge FIR.
Secondly try proceed for divorce either in India or Australia.
Where did you married, by what rituals. Many things needs to be consulted then only any opinion can be given.
BETTER you contact me or anyone fast before the family of wife lodge FIR or before police contact your parents. Because this trouble will force you to come back and the other party will do that only.

146 votes

As per your query its seems that you had filed Divorce petition mutually , there are certain provisions when you file divorce petition mutually ,under which it filed by mutual content of both so its not clear now what signature you need with that about the Domestic violence ,its not easy to file such cases ,provide me details so that i could help you !

289 votes

If the marriage was performed and solemnized in India under Hindu marriage law, than the marriage can only be annulled under section 13 of the Hindu marriage act only. Any party aggreived by the foreign decree can challenge the same in a competent Indian court. As far as her parents are harassing your parents in India, your parents can take legal recourse although no law can prevent a person from filing a case against the other..

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