Divorce a foreign spouse

If you can establish contact with your wife and if she cooperates, you may file a mutual divorce in India as well citing irretrievable breakdown based on years long separation. There maybe other options if incase this does not work out for which you may get in touch with a lawyer.

Foreign Marriage Act was passed in the year 1969 to provide provisions for marriages of Indian citizens who are outside the territories of India. It is modelled upon the Special Marriage Act (SMA) which was passed in 1954. when the parties marry in a foreign country then the relief can be claimed under this section. It supported it with the case Joyce Sumathi v. Robert Dickson Brodie where the wife filed a petition for divorce under section 27 of the Special Marriage Act read with section 18(1) of this act. It was held that the petition was maintainable. Section 18(3)(a)(ii) talks about a minimum of 3 years residence in immediately preceding the petition.Although the act has a wide scope and explanation, it does not specifically state any provision in case of divorce, nullity or any other matrimonial remedy or relief, in marriages solemnized under this act. However, this need has been fulfilled by adding certain provisions which follow the provisions of the Special Marriage Act. Hope this helps. Regards