I got married in Aug 2010.. Court marriage.. in Jan 2013 due to incompatibility fights issues with inlaws etc my wife moved out and started staying with her parents and then without my knowledge moved to usa now she's there since 1 year and total we have been separated for two years.... Now I wana remarry and move on with life. But she is saying she will not come back to India. So in this situation what should be done so that I can get a divorce in short span of time.... Also how long does it take for divorce on the grounds of desertion. Residing in mumbai. Wife sent an email sayin not coming back you can apply divorce and she doesn't want any thing to claim... Please advise..
Asked in Family Law from Mumbai, Maharashtra
Hi, it is difficult say exact duration for completing the transaction but normally it will take one and half year to two years.
In your situation, even if you file the divorce petition now on grounds of desertion, then the court will issue a notice to her and if she does not appear in person, the court may grant you the divorce. However it would be advisable that you file for a mutual consent divorce as she is agreeable to it. The mutual consent divorce will take an year and you will be granted divorce.
1) you can file for divorce by mutual consent . it takes 6 months in Mumbai .
2) if wife refuses to give divorce by mutual consent then file for divorce on grounds of cruelty and desertion
3) please that note that you cannot remarry during subsistence of earlier marriage unless divorce is granted by court
1. Without divorce you can not remarry.
2. For divorce in shortest possible time you have to go for mutual divorce.
3. If your wife does not consent to this then you can file suit for divorce in india and considering her conduct she is unlikely to contest the same and in that event you may get chance for ex parte decree.
1. You can get divorce in a short time only if you can convince her to file MCD in India. It will be decided in about 6 months,
2. If she does not agree, you shall have to file a divorce suit in India,
3. The time taken to get the divorce suit disposed of depends on the load on the court and the opposite party.
Try to file a Divorce Suit on mutual consent in India this is easy and shortest time, failing which you can file a Divorce Suit on contest, but you have to serve summon upon your wife which may be difficult as she is now residing in USA.In this situation you can send summon to the last address of your wife and file a petition in Court for newspaper publication of notice of summon and get ex-parte order
1. If you want to get divorce in the shortest possible span of time then you should convince your wife to apply for mutual consent divorce (MCD) which comes through within 6 months. The issues of alimony, etc will have to be settled before filing divorce papers in the court.
2. If she does not agree to MCD then the only legal remedy available to you is to file for divorce unilaterally on the ground of cruelty, whereupon the court will issue a notice to your wife to afford her an opportunity of contesting the divorce proceedings initiated by you.
3. Without getting divorce you cannot remarry.