• Contested divorce

Hi,

We have been married for 3.6yrs and immediately after marriage we moved aboard.We were married in Bangalore under Hindu Marriage Act.Whatever physical relationship we had,was during the initial days of our marriage and thereafter we haven't been having any physical relationship for like 3.5yrs.She doesn't talk much and is always look depressed.She wouldn't call when i'm in office or when i reach home,she would always keep a straight face and shows no interest all in physical intimacy.

This behavior hurt me a lot mentally and the relationship shall apart because our egos were bigger then our lives because no one wanted to take the first step towards reconciliation though i did provide her few opportunities.Now she is in Bangalore and I'm still working aboard.We have been living apart for live 2yrs now.

She is still staying at my parents place being afraid that it becomes much easier for me to file for divorce and won't leave my parents home.My parents are also very upset because of this.I did try to talk and convince her that our marriage isn't working out and lets get divorced.But all of a sudden she wants to live with me and does not want to give divorce.She is from a lower middle class family and her family has clearly instructed her not to come back and stay and fight it out staying at my parents place.They don't want to take the burden of having their daughter staying in their home again or have finances to arrange for her second marriage.

I'm not sure where should i file for divorce.Can i file for divorce in aboard under 'Unreasonable behavior' and the foreign decree be valid in India,since my wife,if i;m not wrong,won't come down here and contest for the divorce.We are already living 2yrs apart,but since she is staying at my parents place and i do come and stay at parents place during my vacations,would it still count as separation.

Kindly suggest how should i go about my divorce petition and what is the faster way to do it?Filing aboard may produce faster results but can it be enforced in India.

Thanks,
Raj
Asked 1 year ago in Family Law from Singapore
Religion: Hindu
1) you can file for divorce in Singapore but it should be on grounds recognised under Hindu marriage act 

2) further your wife should participate in divorce proceedings . If she does not participates and does not give her consent she can later challenge divorce decree in India 

3) it is better you file for divorce in India on grounds of mental cruelty 

4) she can file complaint under domestic violence act and seek alternative accommodation or right to stay in matrimonial home  and maintenance 

5) she has no right in property standing in your parents name . Your father can obtain court orders for her eviction

6) contested divorce proceedings take over 5 years to be disposed of 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Hi, you have to file a divorce petition in Bangalore only though you have a options to filling a divorce petition in abroad but your wife is staying in Bangalore and your wife will not  able to attend the court in abroad and expaty divorce will not consider by India court.

2.It is advisable to file a divorce petition in Bangalore.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. You can file divorce suit in abroad also if the local law so allows.
2. In India I must tell you there is no faster way to get divorce unless you file mutual divorce case.
3. In India contested divorce suit takes not less than 5-6 years.
4. You can give POA to your family member to initially file the case in india on your behalf.
5. You can file the case where- you last resided or where marriage was performed or where she is now residing.
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
Hello,
1) As you had been visiting her during vacation and staying with her in the matrimonial home and as she hasn't gone away to her home it won't be counted as two years separation.

2) As you married as per Hindu religious rites you can not file for divorce abroad under a provision not available under Indian laws. Besides this the petition should be filed where you last resided together, where marriage took place or where the wife is currently residing.

3)A divorce by mutual consent would have been the quickest way to obtain divorce. As that seems not working, the only way left is to send her a legal notice asking her to come forward for discussions of a mutually consented divorce. Of the response is not positive you can file for divorce unilaterally on grounds of mental cruelty. A contested divorce can take anywhere between 3 to 5 years to be decreed. She would certainly take recourse to criminal cases including Domestic Violence, dowry harassment etc. Against you and family.

4) If you wish to salvage the marriage give it a last chance before you resort to legal remedies.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
1. Are you a citizen of India? 

2. If the answer to the above question is yes you should file for divorce in India and not the country wherein you are residing. The judgment of divorce passed by the foreign court can be challenged in an Indian court by your wife which can quash it. 

3. The legal recourse which you may adopt is to file for divorce on the ground of cruelty as your wife has not performed her marital duties. Marital cruelty and not Separation is a ground for divorce in India.  

4. It is true that the conclusion of divorce proceedings in India would take more time than in your part of the world. However, the judgment of the Indian court will not be open to challenge in your country whereas vice versa is not true. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
divorce granted by foreign court is changeable if she is not able to fight the case there, so this decree was useless.

file a divorce case in India and try to settle the matter amicably with the help of the marriage counselor.

  
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
1. Best way to take divorce within the minimum period is Mutual consent divorce and for MCD both husband & wife have to agree.  Convince your wife that the marriage is not working and both can start afresh in life after the decree of divorce and can decide whether to marry again or not.
2. If the divorce is obtained in a foreign country by filing for divorce abroad, it can be enforced in India if the divorce decree obtained in a foreign court on the basis of any one of the grounds for divorce prescribed under Hindu Marriage Act is satisfied. If the divorce is obtained in a foreign country on the basis of ground for divorce not prescribed under HMA, then the same is not acceptable in India. 
Shashidhar S. Sastry
Advocate, Bangalore
1232 Answers
59 Consultations
5.0 on 5.0
1. The decree of divorce availed by you abroad will not be acceptable by India Courts unless the same has been filed on grounds acceptble by indian courts,

2. Decree rceived abroad on uncontested application filed will not be acceptable in India,

3. You can file divorce case in India even when she is staying with you. There is no bar for filing divorce cae against wife staying under thebsame roof,

4. In case of MCD, both of you need to stay seperately for at least one year before filing the mutual consent divorce application.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
13932 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
869 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0