• Spouse abroad

My wife is living in abroad past 1 year and we are living separately past 5 years and we have a daughter of 7 years. She deserted me 5 years ago assuming I was having an affair and when I tried reconciling she told that I need to leave my old parents who are dependent to me. I said I cannot leave them as they need me. Since then she made no attempt to comeback. I tried multiple times to reconcile but always she said she wants me to leave the parents at that time she was living in Mumbai and I am from Bangalore. Now as she left my daughter and doesn't want to comeback to me I decided to file for divorce.. I contacted again and she said she is ready for mutual consent in email. However now she is unwilling to send me abroad address and threatening me with false allegations. Can I get divorce on ex-parte as I have her company address?
Asked 6 years ago in Family Law
Religion: Hindu

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12 Answers

Yes you can seek permission to.send notice to.her company address.and email and can proceed ahead with an exparte divorce if she does not contest.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes you can get the same exparte

Prashant Nayak
Advocate, Mumbai
34585 Answers
249 Consultations

You can file for divorce on grounds of mental cruelty and desertion 

 

2) wife refusing to stay with husband for continuous period of 2 years is ground for divorce 

 

3) if wife does not appear in court you woukd get exparte decree 

Ajay Sethi
Advocate, Mumbai
99871 Answers
8149 Consultations

1) Yes, you can file in Bangalore family court and send a summons through court. If she fails to attend get Skype calling in the court and get divorce. If you want or have custody of girl.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. This is marriage is not working out anymore and hence do not drag it any further.

2. So when she is not willing for mutual divorce then file a suit contested divorce on the ground of mental cruelty and desertion.

3. You can mention either her last know address or her address of present employment and if on service of summons she does not participate in the proceeding the court can pass decree of divorce ex parte.

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

Dear Sir,

Yes, you can file a divorce case on the ground of wife refuses to live with  in laws.  Try to secure her address. 

Refer the following Supreme Court judgement :

India grants divorce to man whose wife refused to live with in-laws

India’s supreme court has granted a divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws, effectively ruling that a married woman must live with her husband’s family.

Justice Anil R Dave, one of the the most senior judges in India, said the wife’s desire to leave her in-laws’ home was inspired by “western thought” and violated traditional values of Indian Hindus.

“In normal circumstances, a wife is expected to be with the family of the husband after the marriage,” stated the supreme court ruling, which also dismissed the wife’s attempt to kill herself as a plot to “torture” her husband and his relatives.

There is no legal obligation for men to live with their parents, so the ruling still allows couples to live independently if men choose to set up a separate home. But the case had been seen as a test, pitting the rights of women against traditional Hindu values.

Activists said the ruling left millions of women who were in unhappy marriages or with abusive husbands even more vulnerable.

“If you look at the language the court has used, it’s very regressive,” said Tenzing Chusang, from the Women’s Rights Initiative, a lawyers’ collective. “If you make the grounds of divorce very lenient for men, it makes the woman very vulnerable.”

Divorce in India carries a huge stigma: there are few financial provisions for divorced women, and little legal support.

Chusang said: “In India there’s no such thing as shared matrimonial property or equal division of assets. All she gets if the husband divorces her, and that too after years of litigation, is a minimal maintenance payment. What can she do? She has to stay.”

The judge said the wife’s claims that her husband was having an affair were fabricated, and that her suicide attempt was a devious attempt to manipulate her husband’s family.

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Mutual consent divorce is not possible without her consent and cooperation. It appears that she is not ready for a divorce much less with mutual consent. 

You are advised to contest a case of divorce against her on the ground of desertion and mental cruelty. Make her a party through the Indian address of your in-laws. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You can make parents a party and ask them to furnish address in court.

You can send summon to office address if known to you. 

If all possible efforts fail you can approach court for local paper publication of summons where the defendant expected to be residing. 

All summon to foreign country should go through Indian Embassy to that country. 

You can also take help of professional address tracker/summon server by paying their fees. 

Unless summon is served court will not issue exparte order. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Hi, it is advisable to file for divorce on the grounds of desertion ..If she doesn’t turn up before court, an ex-parte divorce will be granted in your favour 

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

 If you have her correct address of abroad or last residing address, you can approach the family court and serve her notice of the court and if she does not appear, court will proceed ex parte

Mohammed Mujeeb
Advocate, Hyderabad
19341 Answers
32 Consultations

Dear Client,

File divorce on the ground of desertion and forcing to live away from parents. You can also demand custody of child being natural guardian. Notice will issue at her local address in India will assume due compliance of noitce.

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

You can file a contested divorce on the grounds of desertion and cruelty.

You can send summons to her Indian address itself, get it returned undelivered and after that you may initiate steps for substituted service of summons.

Then you can get an exparte divorce 

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

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