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karen morrison (manager)     10 October 2014

Divorce for nri

HI,I need advice on getting a divorce for NRI's settled abroad.I mean on what grounds can a man or woman get a divorce..I reside in UK..I was married to a woman from india for a year.The marriage took place in India and due to incompatibilities and many misunderstanding between us..we both drew distant from each other..She created many misunderstandings and issues for me and has accused me of things i havn't done in the marriage and has walked out of the marriage on her own..Now she lives with her parents and I have no clue where she is and what she is doing..We have not been in contact for more then a year now.so my question is how can i get legally divorce and what are the proceedings.Is it possible for me to hire a lawyer from UK itself and file for divorce?

 


 

 

 

 

 



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 3 Replies

Tajobsindia (Senior Partner )     10 October 2014

@ Author,


1. A ground for Divorce is based on Personal Laws followed by of the spouse and under which marriage was conducted (?Hindu Marriage – Muslim Marriage – Special Marriage – Foreign Marriage - Christian Marriage?). Since it is not mentioned under which Personal Law you both married it will be futile to suggest specific ground that may apply to seek divorce if any. 


2.
If from one year she is keeping quite then it is suggested to arrange (local) interjectors to talk to her – her side as to what are their opinion as they think to this marriage. If any patch-up possible or she – her sides also think of divorce. If divorce then does she have any terms and conditions (monetary) etc. etc. Smooth divorce is sought to end marriages of such short duration via Mutual Consent route. If she – her side hints of Mutual Consent Divorce then both spouses can opt for it by settling their reasonable wants and capacity to fulfill same by way of drawing up an MoU and appointing local Advocate and filing joint petition and subject to enquiry of the court decree in divorce is granted in 6 – 18 months time.


3.
For NRI’s as in this brief it is suggested to find what she also wants, and get information of wife’s jurisdiction (ordinary place of residence) and then find if the District Court there has video conference facility and finally find a local advocate who is normally found via reference or via this forums - LCI Lawyers search database and then approach the Court to grant divorce via mutual consent divorce route.


4.
Hence, unless you or your interjectors in India have clue as to what she also wants it is futile exercise to suggest you more options which is my view and NRI’s as of now are not specially treated as per Laws of the land.  

 

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karen morrison (manager)     10 October 2014

Thank you very much for the suggestions that you provided. Well let me give you a brief descriptttion of my issue .We both got married under the special marriage act as, I am an NRI as mentioned in my previous message we lived with each other for a year and in that one year my wife has mentally harassed me in all ways that she can. We had compatibility issues. She had been defaming my name with everybody that she knew and met. She never listened to what I had to say or even communicated with her in a way couples do. Most of time in the day she was on call with don’t know who and if I asked her she would say it’s a family member or my best friends and get upset with me if I wanted to know. She carried her phone almost everywhere, even in the house. She use to spend a lot of time on the computer and never liked to be questioned about it. Even when she left home. She never informed me and her phone use to be engaged most of the time. She has issues with my parents who lived in India and wanted me to live away from them. She didn’t want me to have relationship with siblings. She use to avoid her duties as a wife and if questioned about she would use emotional blackmail. She use to cry almost every other day if questioned or asked about anything and she used emotional threats of physically harming herself. Once she even told me that people use reverse psychology to get want they want. I felt that I was dealing with somebody who has serious issues. She make me feel that she was being victimized in the marriage and I am the culprit. She had left on her own and promised never to come back. She hasn’t left my parents out either. Now I want to seek a divorce from her on legal ground. What would be best suited for my case as I reside abroad in UK .can I hire a lawyer in UK and do the proceeding from there itself or hiring a lawyer from India would serve my case better..Thank you in advance.

karen morrison (manager)     11 October 2014

Hi,

I want to seek a divorce from her on legal ground. What would be best suited for my case as I reside abroad in UK .can I hire a lawyer in UK and do the proceeding from there itself or hiring a lawyer from India would serve my case better..

.I would appreciate if somebody could guide me on my matter. Its urgent. Thank you..


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