• NRI living in India how fast I can get divorce?

I’m an Indian having Canadian citizenship and came back to India in 2009 and is living here since then. I’m married since 20 yrs and my kids and wife live in canada only. I’m living separately since 10 years in India. I want to get legally divorce as I don’t wish to go back to canada and continue living here in India only. All the property and everything is already given to my wife in Canada. Kindly guide which is the right and fast way to get divorce. My wife doesn’t want to divorce me but I want legal separation now. 
Thank you
Asked 11 days ago in Family Law from Chandigarh, Chandigarh
Religion: Sikh

1) i presume marriage was solemnised in india 

 

2) you can file for divorce on grounds of mental cruelty

 

3) wife refusing to stay with husband amounts to mental cruelty and is ground for divorce 

 

4) if wife does not contest you would get exparte divorce in India  

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

You can file divorce here in India but not on the ground of desertion but some other grounds of cruelty. She may not appear in court due to inter country distance than court may pass ex aprte divorce.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

Sir, 

if you can prove that both of you are living separately since more than 2 years, you can file for divorce. 

although the fastest way to get a divorce is mutually, which takes maximum 6months, however it can be get done within a month or two also. presuming that your wife won't agree on this. 

the fastest way for you to get a divorce would be showing separation since long and filing a divorce. 

there are a lot of ways to speed up this process too.

Contact for more details

Abhishek Sharma
Advocate, Chandigarh
99 Answers
2 Consultations

5.0 on 5.0

See the fastest way is mutual divorce if wife agrees for same then you proceed for a mutual divorce in case she is not ready you need to file contested divorce before the court and in case wife fail to appear before court , the court may decide the case exparte.

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

contested divorce cases take at least 3 years in Punjab 

 

2) if wife does not contest you would get exparte divorce in one year time 

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

- Mutual divorce takes atleast 1-2 momths that too on special permission from Court. But in your case it will take atleast 1-2 year depending upon circumstances of matter.

- If your wife doesn't come to court hearimh, you will get ex-parte divorce which anyhow good for you.

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
508 Answers
3 Consultations

5.0 on 5.0

Will take around a year to pass ex parte degree. Harassment possible only if she comes to India and file case against you.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

By the look of things, the only way would be of filing a Divorce petition, 

in this, the only speedy relief you'll get is an Ex-Parte divorce Decree i.e. she doesn't appear in court for contesting the matter. as you told that she won't be willing to come and contest the matter, this is the way you can get a divorce decree. 

It will take considerable amount of time, which would be around 4-7 months, as the court would provide ample time to your wife to appear herself or hire a counsel on her behalf. 

 

There are certain more ways to prove desertion on her part, or to prove some cruelty or any other ground of divorce in court, for this, a detailed explanation and meeting is required.

Abhishek Sharma
Advocate, Chandigarh
99 Answers
2 Consultations

5.0 on 5.0

Most important is to serve notice to the opposite party. Now WhatsApp and any other e-mode communication is used for sending notice to foreign countries.

File divorce case. Seek approval for sending notice through any e-mode apart from normal way of sending notice. A double tick in WhatsApp message is admitted in court as notice seen by other end and notice is duly served.

Unless notice is served  court proceedings shall not begin.

 

 

Kallol Majumdar
Advocate, Kolkata
1410 Answers
2 Consultations

5.0 on 5.0

1. If  the marriage was performed in India you can file a suit fr divorce in India.

2. If your wife does not participate in the proceeding you can get decree of divorce ex parte.

3. Now on getting summons of your divorce suit your wife can file retaliatory cases which though under the circumstances may not be maintainable but you can not stop her from doing so to avoid initial harassment.

Devajyoti Barman
Advocate, Kolkata
17824 Answers
253 Consultations

5.0 on 5.0

You need to show one year separation and file divorce in Indian family court. Contested divorce will take time but mutual consent divorce will be soon within 8 months

Prashant Nayak
Advocate, Mumbai
12963 Answers
23 Consultations

4.6 on 5.0

Dear Client,

File a Divorce petition. If she doesn't come to court, it will be decided exparte in u our favour. 

Jaswant Singh
Advocate, Gurugram
576 Answers
2 Consultations

4.8 on 5.0

you can file divorce on the ground of mental creulty Or desertion. incase if she not contested then court may grant ex partee decree in your favour. 

Mohammed Mujeeb
Advocate, Hyderabad
10264 Answers
3 Consultations

4.5 on 5.0

You need to file divorce case here in India on ground of dissertion and mental cruelty against your wife and get the notice served to her.

If she doesn't appear in court after receiving notice then you can get Ex-parte divorce from your wife. 

Mohit Kapoor
Advocate, Rohtak
3599 Answers
1 Consultation

5.0 on 5.0

You can ask her to agree for mutual consent divorce.

If she is not willing to to give her consent for this then you may file a contested divorce on the grounds of cruelty and desertion.

You may consult an advocate in the local and proceed as per the suggestions made.

 

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

If you are  confident that she may not turn up before court to participate in the divorce proceedings initiated by you then you may get an exparte divorce very soon, i.e., within three to six months.

You can file a contested divorce case as suggested to you earlier.

 

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

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