We don't have any such law, where foreigners are permitted to file divorce in India. If she and her husband both are hind and married under Hindu Law, they may file a divorce on the grounds of mutual consent in India. I am not sure about this as Indian law never permits for divorce if the marriage is not solemnised as per Indian law or India.

For that both have to appear for mutual consent before the court. Or else contested petition for divorce can be filed in India on the grounds of cruelty by the wife.

If she is unable to file divorce from India, then only remedy is to file divorce in Nepal as per Nepal laws.

Dear Client,

She can even file diovrce in Indian (Mutual Consent) but her husband have to present or some on behalf of him through POA.

If she is Hindu, continuous 2 desertion valid ground for divorce (contested divorce) under Hindu Marriage Act.

The proper jurisdiction for divorce shall be Nepal only as they were married under those laws which are relevant in Nepal. Sir in case they have not lived 7 years together then also divorce from court has to be taken. Further the divorce shall be as per the laws they were married the Nepalis code for divorce can be seen.

Since marriage has been solemnised in Nepal divorce decree has to be passed as per laws prevalent in Nepal

2) she can hire a lawyer in Nepal send summons to husband for divorce through court in Nepal at his residential address on Nepal

3) divorce decree should be passed by court in Nepal

If she's Hindu and she's living here she can file divorce here. There is no procedure to send papers and get signature. She has to file for mutual consent for divorce if he's ready to give divorce or divorce can be claimed on ground of desertion. If he fails to appear court will place him exparte and pass order in favour of your maid.

Hi

Since the maid is a citizen of Nepal and that both of them have not lived togather for 7 years(under nepal laws, if period of separation is 3 years) parties can apply for divorce.

The maid's lawyer at Nepal can send the notice to the Husband at Dubai through mail/post.

Unfortunately, the maid cannot apply for divorce in India on account of following

a) Maid is not a citizen in India.

b) Her marriage was not Registered in India nor was it solemnized in India.

c) The matrimonial Home of the maid and her husband was not in india (Matrimonial home should be for a period of 1 year)

Hope this information is useful.

Where was this marriage solemnised, if this was solemnised in India, she can definitely maintain a divorce petition in India.

Otherwise, there's no option of maintaining a divorce case in India under the Indian Marriage Laws against a Nepali(her husband.) because he cannot be subjected to Indian Marriage Laws.

This is my response to you:

1. Your maid will have to approach Nepal if she got married there;

2. If she is resident of India (hope she may have nationality certificate) then she can file for divorce;

3. She can file a petition and serve her husband as well;

4. She can also claim ex-parte divorce if he does not appear in the court;

5. Take legal steps at the earliest.

Are not living together 7 years Modi is not the ground for divorce she can apply divorce in India but in case her husband comes to Nepal she has to go there and ratify the divorce as per the Nepal law.

hello,

she can file a petition for divorce from India and send notices to her husband. although being a resident of Nepal if he accepts the jurisdiction of India, the divorce can happen in India. in the case of mutual consent, he has to come to India in order to get a decree.

If the spouse has not been heard of as being alive for a period of at least seven years, by such individuals who would have heard about such spouse, if he or she were alive, then the spouse who is alive can obtain a judicial decree of divorce, therefore this is not your case.

regards

Your maid cannot file a divorce petition in India unless either the marriage was solemnized in India or she is a citizen of India. Nepalese citizens can get an adhaar card in India as India and Nepal are very friendly countries, but this does not make her a citizen of India so as to maintain a petition under Hindu Marriage Act. She has to seek her remedies under the legal framework in Nepal.

If she married in India as per Indian laws she can file a divorce case in India.

But if they have not even lived in India after marriage and the marriage also was solemnised in Nepal, she may have to approach a court of Nepal seeking divorce because the spouse is also not in India.

However she can issue a divorce notice from India itself.

A divorce without a court decree is not valid