wife's disagreement on divorce- settled abroad

Hi, I am married in India according to Hindu marriage rules. Have been married for 3 years. Also have a baby. We used to live abroad. We have been having issues since the beginning of our marriage but for the last eight months its gone from bad to worst. Because we got married in India, I came to India to obtain Divorce. I have sent my wife a legal notice asking for mutual consent divorce, she never bother to respond to this notice. In return she is trying to abscond to the country we came from without even informing me. I came to know this through sources. If she manage to get away, how can I obtain divorce. Reason I ask is, once she gets away I wont be able to know her address to serve the divorce papers. Her parents and siblings are here in India. Can some please suggest what I can do in this case. Thanks

Answers (1)

89 votes
MCD's are not obtained by sending legal notices. Mutual Consent is arrived at after discussing amicably, However, since you apprehending that she may aboscond & choose to be untraceable soon, file a divorce petition & send her the Notice immediately before she absconds.
Once she receives the notice, she is to appear before the Court & if she fails to appear, the case will decided Ex-Parte.

Even you could have filed for divorce abroad too if both parties were staying abroad. It is easier to obtain divorce abroad.

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