divorce

JIMMY (Querist) 22 May 2011 This query is : Resolved
HI,
I am 35 year old, I was widower in 2007 having a daughter. i met a US citizen lady who was 25 years elder from me .at that time i was thinking of my daughter's future & i got married with her as hindu marriage act. She came to India in October 2009 & we got married in same month, she stay with me for 20 days only & went back to USA. after that she never came back. she field a immigration patition for me & my daughter. But unfortunately US embassy refuses the patition. she did't not want to go for patition again & we have no communication since then. My daughter is growing up , i am alone, its dificult for me to do job & take care of my kid , now i want to get re marriage. my wife say she can not come to India for divorce, but she is agree for divorce. She said she can send any paper i want..
Please tell me how should i get divorce from her?

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Kiran Kumar (Expert) 22 May 2011
simply file a divorce petition against her....effect the proper service upon her, if she is not willing to come to India then let it happen ex-parte.

it may take a few months to conclude the process but you will get an ex-parte divorce decree in her absence from court proceedings.

M/s. Y-not legal services (Expert) 22 May 2011
No. Without her presence you can't file mutual divorce petition. Cos court will expect her appearance. So better you may file a divorce petition. And serve notice to her. If she ready to give you divorce mean just she may leave to exparty.. This is the easiest way in this situation..

Arvind Singh Chauhan (Expert) 23 May 2011
File divorce on the ground other than mutual, and proceed as suggested by Kiran Sir.

M.Sheik Mohammed Ali (Expert) 23 May 2011
i do agree experts reply

Guest (Expert) 23 May 2011
I endorse Kiran Kumar's advice. Let that be ex=parte, if she don't care to attend the proceedings in India on serving her due notices.