Never lived together.looking for divorce

File a consent divorce petition.  To file both will have to be present.  You can make submission before the court your inability to attend the court and can request tje court to dispose the case as early as possible.

A petition for Mutual consent divorce has to be filed and the it gets over within 6 months .

contact a lawyer personally with an advocate,

 Admittedly I am not sure but it may not be as simple as the opinion expressed here. Your citizenship or place of domicile may play a role too on which law is applicable, especially if you are the one initiating the proceeding. Just check on that.

Hi Nadeem I see your responses so funny, you agree with all experts. When will you use your own brains in responding to the queries. Very unfortunate like you participating in this forum, you are not one of the greedy lawyers hopefully. Guys or Girls carefully go through the replying skills of any advocates before deciding to hand over matrimonisl case. Such a stupid answer given by the above gentlemen contact the lawyer personally with an advocate. Technically what is the difference I dont understand from literal sense.

He means to say dont believe a lawyer and talk to an advocate

@Raj123, try getting his details, Guys have any one interacted with the above gentlement, who says nothing more to add, I agree with above comments, please drop us your concerns here without fear we will take appropriate actions on this form to discard his comments. No use of that person no credentials nothing. Everyone make sure and have a double thought while interacting with such advocates..

Lathika,

I do not want to go into the details about what made you to marry and why did you break your marriage because living in US, you might have adopted the US 'take it easy' culture hence have not taken your marriage with Indian guy very seriously.  Well, that is not a point now, if you are serious about breaking your matrimonial ties with your husband and abandon it for ever, if your husband is consenting to it, you may file a joint petition with your husband before the family court in Delhi seeking dissolution of your marriage by a decree of divorce under mutual consent.  In that case as you have been rightly informed, you may have to appear two times before the court, first time for presentation of your divorce petition and second time for confirmation after a lapse of six months period from the date of filing.  This is only if your husband is okay with your proposal or else you may have to file a divorce petition on your own on the grounds of non-cohabitation between you both for a period of two years or more, for this you may have to visit India every time or very frequently or you may have to stay back in India until your case is decided.  The ball is in your court to decide about what you intend to do, instead, if you can reconcile and compromise on the petty issues, I think you may still save your marriage and continue your marital voyage.

Thanks for reply. There is no point in keeping the marriage on paper when 2 people cannot live together. He doesnot work , his expired wife case was hidden from me.And on his old case he cannot travel out of country till that is done. Now even he is agreeing to give divorce to me .. My question is do we need to file divorce in delhi only as we got married there .As non from both of us living in delhi can he file from any other state he lives in now? And why does law want 2 people to live when they havnt seen each other from 2 yrs since day of marriage and its me who will be spoiling life if i still wait for him.

The law, unfortunately from our (male's side) favors the wife in selecting the venue of a divorce proceeding in terms of convenience. If he files in a jurisdiction that is not convenient to you, you can seek a transfer to a city which is convenient to you. There are many judgments on this issue. Disclaimer: I am not an advocate.

@Kalaiselvan - disappointed with your comment on US 'take it easy' culture' - are you implying that anyone who is not from India does not take marriage seriously.

It sounds like you are stuck in a time warp.  Marriage is sacred in every country - but sometimes things don't work out - for whatever reason! 

Your suggestion that the queriest was at fault by stating 'hence not taken your marriage with Indian guy very seriously' is unfair - who says it is the queriest fault - it may be the man's fault.  Whatever the case may be - you should not automatically presume who is at fault and to blame unless facts are clear.

@Lathika - if you want to seek a mutual consent divorce, then that is your prerogative - i hope you get help and advice from a reputable Advocate.  I hope your MCD is quick and painless and you find future happiness in the US.

@Nadeem - the members of this forum are absolutely right in their comments about you.  Stating 'i agree with him or her' is neither here or there and in no way helpful to the people who are seeking advice on this forum.  

Peace and love to all