shital (legal advisor) 16 October 2011

Process for filing divorce

Hi,

I need your help with respect to clarification for filing divorce.

Marriage took place in Mumbai on August 28, 2009 and has been registered in Hyderabad. Soon after the marriage husband went to US for further studies. After 2 years of marriage wife also moved to US for further studies. Both of them are not living together since marraige and both of them have student Visa. They will be coming back to Indai in 2013.

Now they have decided to take divorce by mutual consent but husband is not ready to come to india for completing legal formalities for such divorce.

I want to know, what all options are available to file divorce in such conditions for a wife, as she wants to get rid of her husband as soon as possible.

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6 Replies

(Guest)

File your divorce in US then there it is too acceptable as per my knowledge, First consult with a good lawyer.

But why you both wants divorce, I want to suggest you please try not to break your matri home due to any minor mis-understandings in a hurry.

Rest your individual decision.

See breaking matri life is very easy, But maintaining the relations is very difficult.

So first think amicably both of you and then react accordingly.

Have a good married life.

Regards,

Abhinatre Gupt.

SHAILENDRA SRIVASTAVA (MANAGING PARTNER) 16 October 2011

YOU HAVE TO FILE DIVORCE CASE IN INDIA EITHER IN MUMBAI OR HYDERABAD. IT WILL TAKE AROUND SIX MONTHS TO TAKE DIVORCE. BOTH OF YOU HAVE TO APPEAR BEFORE COURT TWICE . THERE IS NO OTHER OPTION.

Pradeep Kumar (Lawyer) 18 October 2011

Dear Mam,

First Send him the legal notice to complete the terms and conditions of Mutual Divorce and if he fails to comply with that file a Divorce petition in the court and court will pass a divorce decree against him on his non-appearance.

Pradeep Kumar & Associates

Advocates

Chamber-208,CSA Block,

District Court,Gurgaon

(M) 09871765000

(O)0124-4078500

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 18 October 2011

Dear Sheetal

when both of you agree then why you not file petition divorce on other ground, if you filed with mutual conset then the appearence is must but in other way you can get ex party divorce from him and no need to come india