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Lalit Sen   04 March 2016

Married in india now foreign national

Hello, 

I was married in India and my wife joined me in Germany after marriage.  My wife moved out with other person few months back after I caught her red handed (SMS and photos). I have surrendered my Indian citizenship and hold German passport now;my wife is permanent resident in Germany ( she got is based on our marriage earlier as I was permanent resident at that time). 

I would like to file divorce in India but she doesn't want to come to India with me to file divorce. Can you please help me understand following points please ?

1) What will happen after I file divorce in India ? I need to return back to Germany to join work 
2)Will court ask her to appear ? Will it be done through embassy ?
3)How the case proceeds in case she doesn't return or respond?
4)How long the case could get protracted if she doesn't respond ? Will Indian court will proceed the case in case she doesn't respond on repeated remainder ?

Thanks 
Lalit



Learning

 7 Replies

Vijay Raj Mahajan (Advocate)     04 March 2016

A similar case I handled in Family Court Gurgaon. You file divorce case in Family Court of district where you married or where you both last resided in India. Notice of court will be send to her through Ministry of Law Affairs and Indian High Commission in Germany. On her non appearance the court will proceed ex-parte against her and allow your divorce. Time it will be 6-10 months.
1 Like

KS Johal   04 March 2016

Yes I fully agree with Vijay Raj Mahajan. Absolutely correct.
1 Like

KS Johal   04 March 2016

Yes I fully agree with Vijay Raj Mahajan. Absolutely correct.
1 Like

akspro123   04 March 2016

Hi,

I got similar case, but wife did not betrayal me, we both got married in India , I had got Indian passport at that time and she came to UK on my dependent VISA. During the tentue of marriage I got my British Passport but still she has got dependet VISA till 2017. 

We both are staying in India separterly from Nov 2015, though she went to UK alone and stayed there for 1 month . I have decided to file for petition for divource. 

I am planning to give divource her on basis of curel nature to me and my family, as she left us when my mother was seriously ill and in hospital. Of course this sis not the only reason.

Just a quick question, I meet lawyer in India , Mumbai and he mentioned me clearly as I am filling case here she cannot claim my property in UK nor my business, how true is this and I am afraid after seeing divource paper she will leave India immediately and go and stay in my house in UK as she got all the keys. 

Please advice on last point how accurate it is and what all action she can take and how can I safe my business, property I am ready to give equal share but my business was running 3 years before I got married and she has contributed to business my by beng employee just for 6 months max, due to our relationship I removed her name.

 

 

 

 

Lalit Sen   04 March 2016

Originally posted by : Vijay Raj Mahajan
A similar case I handled in Family Court Gurgaon. You file divorce case in Family Court of district where you married or where you both last resided in India. Notice of court will be send to her through Ministry of Law Affairs and Indian High Commission in Germany. On her non appearance the court will proceed ex-parte against her and allow your divorce. Time it will be 6-10 months.

Thanks Vijay for sharing the details. One more thing  - after I file divorce in India, if she or her parents file dowry or domestic violence case ( although she has left me 4 months back and not filed anything earlier) - will these allegations stand up as it can be seen clearly a reponse to my divorce case  .  Please share your expert view 

 

Regards

Lalit

ANAMIKA VICHARE (LAWYER)     14 March 2016

you have option of filing divorcecase in Germany also, but in my opinion you file in India as she does not wnt to come to  India, serve her summons in Germany, if shed oes not attend the matter will be proceeded for ex-parte hearing n you will get ex-parte decree of divorce

 

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     11 April 2016

I also go with the view of learned expert Mr.Mahajan.   Further, even if she initiate any proceedings against you subsequent to your divorce petition, you will have a fairly good case to come out of it.


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