• Divorce

I was married in india 5 years ago. Our marriage was registered in india. My husbands visa was denied. He resides in india and I reside in the US. I need to get a divorce. What steps do I need to take.
Asked in Family Law from United States
Religion: Christian
1) is your husband agreeable fir divorce by mutual consent ?

2) if so you can file for divorce by
Mutual consent in India 

3) you can execute POA in favour of family member for filing petition in India 

4) you can by Skype give your consent for divorce 
Ajay Sethi
Advocate, Mumbai
28583 Answers
1551 Consultations

5.0 on 5.0

Application for annulment ought to have been filed within period of one year of marriage 

2) file for divorce by mutual consent 
Ajay Sethi
Advocate, Mumbai
28583 Answers
1551 Consultations

5.0 on 5.0

1) you can engage a detective agency to trace your husband 

2) if husband is not agreeable file for contested divorce on grounds recognised by divorce act 

Ajay Sethi
Advocate, Mumbai
28583 Answers
1551 Consultations

5.0 on 5.0

If your marriage has remained unconsumated from the time of marriage, then you can seek annulment on these grounds assuming both parties are Hindus by religion. 
If you do not know his whereabouts all the more better, you can send the court notice to the last known address through the court and after service, the court will pronounce an exparte order which will be that more quicker.
since your husband has not been successful in joining you in the US, take this as a vital evidence to file the petition.
His consent is irrelevant if you wish to file for annulment on grounds of unconsumated marriage.
Kiran N. Murthy
Advocate, Bangalore
831 Answers
62 Consultations

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I was married in india 5 years ago. Our marriage was registered in india. My husbands visa was denied. He resides in india and I reside in the US. I need to get a divorce. What steps do I need to take.

Since it is no more possible for you both to live together anymore due to visa problem (or may be other incompatible reasons), you can ask your husband to accept for dissolution of marriage by a decree of divorce on the grounds of mutual consent, this will be easiest  faster way for divorce.  You can mention the same reason for divorce 
T Kalaiselvan
Advocate, Vellore
18765 Answers
176 Consultations

5.0 on 5.0

Can our marriage be annulled. we never lived in the US together as man and wife. I stayed in india for 2 months before returning to the US. I filed paperwork for his visa that was denied. I have given up and want us to both move on with my lives. What options are there?

The marriage cannot be annulled on this ground.

There is no reason for annulment of marriage. 

The next possible step  for this that you can file a divorce petition on the grounds of mutual consent.

T Kalaiselvan
Advocate, Vellore
18765 Answers
176 Consultations

5.0 on 5.0

I've lost contact with my husband and have no idea how to reach him. Even if I could locate him I don't think he would consent to a divorce.

In such a situation you can file a contested divorce from your  side.
You can file the same either in your own home town or the place of your marriage.
T Kalaiselvan
Advocate, Vellore
18765 Answers
176 Consultations

5.0 on 5.0

1. There should be ground acceptable by Indian law like cruelty based on which you can pray for a decree of divorce.

2. Divorce suit, if contested, takes long time to be disposed of.

3. It will be prudent on your part to negotiate with him to agree for jointly filing a mutual consent divorce petition which will be disposed of within 6 7 1/2 months from the date of nits filing.

4. In the said case of filing MCD, you shall have to come to India twice i.e. once for filing the MCd and another is for both of yours appearing before the Court after 6 months confirming that you still want divorce mutually.
Krishna Kishore Ganguly
Advocate, Kolkata
13962 Answers
309 Consultations

5.0 on 5.0

1. Husband's inability to get US Visa can not be an acceptable ground before Indian law for which you will not get the decree of divorce from Indian court on the said ground.

2. Alternative way has been suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
13962 Answers
309 Consultations

5.0 on 5.0

In the event of his refusing to agree for MCD, you shall have no other way other than filing a divorce suit on the ground of cruelty or any other ground like impotence etc.
Krishna Kishore Ganguly
Advocate, Kolkata
13962 Answers
309 Consultations

5.0 on 5.0

You can apply for divorce either in India or US, but if you obtain a decree of divorce from the court in US your husband may challenge it in India,. The decree of divorce from the competent court in US will be valid in India qua your husband so long as it is not declared non binding on your husband by a court in India. So you can apply for dissolution of marriage in India on the ground of desertion. You require his last known address in India so that he can be issued summons.
Ashish Davessar
Advocate, Jaipur
19896 Answers
520 Consultations

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