Satish (product support) 08 April 2011

What is the process to send a divorce notice to Wife?

I want to send a divorce notice to my wife who deserted me .we both got married 2years. I stay in Bangalore and she stay in Hyderabad. She came to Bangalore only one day after marriage. Last August 2010 she left to USA telling that she will be back in 3 months till today she did not return and she is not replying to my mail and no telephone calls. When I reached her parents they are telling that she will come back to India but no idea when? , her visa is valid for 3 years as she travelled on L1 Visa .

1) Can any one guide me how to send divorce notice to her?

2) If she do not attend the court what will happen, how long is waiting period ?

3) How long this process takes place once I file the divorce in the court .

4) Should I need to pay any amount to for asking divorce , she is working and well qualified.

5) How to send summons to her as I do not know her physical address.

Kindly advise . Satish

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Tajobsindia (Senior Partner ) 08 April 2011

@ Author

It is a very long process based on reading down your briefs, however;

1. Based on HMA Jurisdiction (presuming both of you got married under HMA and not Special marriage Act ?) First set Jurisdiction based on cause of action which could be either HYD or BLR. File a Divorce suit under S. 13 (ib) [Desertion] grounds using the date of last stay together as cause of action date. Pray at admission stage Notice to respondent by all means (by email also) and also service by Indian Consulate in one go (no need to come back to Court for this last request is what I mean).

2. Use her parents address to send Court papers.

3. Once you move above motion either she will come back to defend herself via pleader (highly unlikely) and or will appoint a pleader on her behalf on POA. In either case it becomes a contested divorce and based on evidences of her desertion the wheel of Law will move accordingly. On POA representation she can still calim for maint. under HMA the Act which you need to contest and or as per choice.

3. The advantage you have now is that she can’t file on proxy shoulders neither a S. 498a IPC R/w S. 406 IPC nor a DV Complain since for both she needs to be physically present in her Jurisdiction (Hyderabad) which is highly likely on simple reasoning that she seems to be a career oriented lady.

4. Put your divorce suit on fast track mode i.e. asking for shortest date vehemently showing your hardships keep stressing this.

5. Your case chances are to be ex partyed is highly likely. Duration guess for BLR Family Court is roughly 9 - 10 months and till taht time pray of her non return to Indian soil and simultaneously pray for fast track proceedings.

All the best.