Anuj (Prof) 14 November 2014

Spouse living abroad and refuses to return

Dear Experts,

I am an Indian person (male, 32 years) and my marriage happen on 12 April 2011. It was a love-cum-family arranged marriage. At that time I was doing my PhD in M.P. and my wife was doing her PhD from Roorkee.

My wife lived with me for one month and then she moved to Roorkee city to finish her PhD. However, she refused to come to live with me and applied for a passport showing herself unmarried. She got a Job in South Korea later (December 2011). As I discovered this, I asked her to give me a proper divorce before going.

However, we filed a divorce application at our hometown Alwar (on 23 March 2012) but the application was not processed due to absence of Family district judge at that time. She left immediately to South Korea on March 30th, 2012. However, later on I came to know that I could not file the application because our marriage was not one year old at that time. I contacted her and asked to return to India to be present in the court for the divorce but she kept on saying that she is very busy and can not come.

She came to India, in August 2013 and we filed some fresh papers but as the Judge was not available, nothing happened in the court.

Later, she came back to India in August 2014 and we prepared all the paper work once again, but the judge was again not available. She can not come from Korea and I need a divorce to start a new life. Please let me know how to proceed in this situation.

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4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 15 November 2014

Dear, Go the district judge and ask him to proffer with t he case, how can the.judge remain absent for so long .... Or file the case to some other court changing the jurisdiction of the case. Kapil chandna adv, 9899011450

Anuj (Prof) 15 November 2014

Dear Kapil Sir,

Thank you very much for putting your precious time to reply my thread. The judge has been appointed now. My question is, what choices I have if my wife does not come on any of the case hearing or just does not show herself at all.

Can I get the divorce in this case as she comes India just for 15 to 20 days per year and thats too, I dont know when. Further, the actual time abroad can be tracked from her passport. Other information that can support me is that she has mentioned "Unmarried" in her passport that was made after marriage.

So, its a usual question that how can someone get divorce if the spouse just fly away abroad and does not come back for any of the court hearing or for any of the paper work?

Adv. Chandrasekhar (Advocate) 15 November 2014

You can file your case at any of these three places: 1. Where marriage happened. 2. Where you both last resided together. 3. Where she is living at the time of filing the petition(This option you leave out as she is south korea). Once you decide the jurisdiction, then file case under Section 13 (1)(ib) on the ground that she has deserted you for the last two years without having any reasonable cause. You talk with her on phone and ask her to accept the court notice. You send the court notice. She accepts it and put her signature on the receipt and the receipt comes back to the court. Then court satisfies and if she does not turn up to contest the case, the court orders for ex-parte. You tender your evidence and you will get the exparte divorce and then you will be free for living your own life. By the way, how was it LOVE CUM ARRANGED MARRIAGE?

Anuj (Prof) 17 November 2014

Dear Adv. Chandrasekhar Sir,

Thanks a lot for your advice.

The marriage took place at my hometown Alwar (Raj.) so I will file a case (under Section 13 (1) (ib) as suggested). I can also request her to sign the receipt too. I will see what happens next.

Anyway, thanks once again.