• Getting Divorce in India

Hi I got married in India in 2017 but did not spend much time with my husband due to work obligation in US , Since I got married I was only able to visit him once for few days in 2019. I had filed for his US immigration however his immigration file has been rejected b/c he was not able to clear the visa interview in India. Now I can not move to India and he can not come to US. we have no jointed property or bank accounts. How do I file for divorce ? 

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thanks,
Asked 30 days ago in Family Law from United States
Religion: Hindu

You can file divorce in India as well as in US. But in India you will need separation of 1 year

Prashant Nayak
Advocate, Mumbai
14516 Answers
24 Consultations

4.6 on 5.0

Hi, both of you can file a Petition for mutual consent and the divorce will be completed with in 7 to 8 months and further it is essay way to get the divorce.

Pradeep Bharathipura
Advocate, Bangalore
4653 Answers
231 Consultations

4.5 on 5.0

No problem at all.  File divorce petition in your country . Tell court the petition must be adjudicated as per Indian law. Provide all relevant Indian laws to the court for adjudication as per Indian law. 

You divorce decree passed by foreign court shall be valid in India for all purposes. 

Kallol Majumdar
Advocate, Kolkata
1858 Answers
2 Consultations

5.0 on 5.0

If you parties agree mutually  with the said valid reason then you have to file a divorce petition before family court and for which you have to come to India where the marriage took place otherwise there is no other option as per law there is no divorce leaving and dying with one wait for some time and any of the either party can try to settle in one place and lead a life happily!!

Ayesha Sultana
Advocate, Bengaluru
157 Answers

Not rated

You can execute POA in favour of family member 

 

2) file for divorce by mutual consent 

 

3) your virtual presence through Skype would be sufficient 

 

4) divorce by mutual consent takes 6 months 

Ajay Sethi
Advocate, Mumbai
69022 Answers
4153 Consultations

5.0 on 5.0

Dear Madam,

The quickest way to get a divorce in India is through mutual consent, under Section 13 B of the Hindu Marriage Act, 1955. It is the best way to avoid a long battle in litigation. Procedure for such divorce is prescribed under the said Act for Hindus, Buddhist, Jain or Sikhs.

For this, a petition for dissolution of marriage (by a decree of divorce) should be presented to the District Court that falls under the proper jurisdiction, by both the parties (i.e. husband and wife seeking the divorce) on grounds that:

1- Both the parties have been living separately for one year or more,

2- That they have not been able to live together, and

3- That they have mutually agreed that the marriage should be dissolved

Generally, the duration and time for getting mutual divorce is 6 (six) months. After you file a petition for divorce by mutual consent, parties are required to be present before the court for recording the statements. This recording of statements is considered as first motion. You can file the second motion of petition anytime between six or eighteen months from the date of filing of mutual consent divorce petition. Once the first motion is granted, you’ll be required to wait for six months before proceeding for the second motion. You can extend this period for a maximum period of 18 months.

Also, you can get this six months period waived off. In case if your mind changes during this period of six months you can withdraw your consent for divorce.

Netravathi Kalaskar
Advocate, Bengaluru
3801 Answers
18 Consultations

5.0 on 5.0

  1. Convince your spouse to agree for Mutual Consent Divorce. Better to  opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by  your parents and relatives etc.

2. In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

3. The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

Shashidhar S. Sastry
Advocate, Bangalore
2245 Answers
151 Consultations

5.0 on 5.0

- You shall have to file divorce in India only.

- Second option, file divorce petition post 1 year of seperation in US under US law. Later apply decree in India for future safeguard.

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
598 Answers
4 Consultations

5.0 on 5.0

Well, I am not clear why you are willing to go for divorce when apparently there is no marital problem between two of you.

To be reunited with your husband you can always visit India.

The reject of visa for your husband does not mean that in future your husband would never get visa at all.

So remove the thought of divorce from your mind and train him so his visa gets cleared next time. 

Devajyoti Barman
Advocate, Kolkata
18123 Answers
260 Consultations

5.0 on 5.0

See if husband is ready for divorce then in that case you can give power of attorney to your relative in India to file mutual divorce and further your consent can be recorded online.

Further in case he is not ready for mutual divorce then you can through POA file for contested divorce as per grounds in section 13 Hindu marriage act.

Shubham Jhajharia
Advocate, Ahmedabad
20887 Answers
81 Consultations

5.0 on 5.0

On behalf of you a legal papers will be filed by your parents and SPOA from you to proceed in the court for divorce or you can go for Mutual Consent Divorce.

Ganesh Kadam
Advocate, Pune
8251 Answers
69 Consultations

4.9 on 5.0

You can file for Mutual Consent Divorce (MCD) in India through your Power of Attorney preferably Father / Mother.

It will take minimum of 6 months time.

You need not come to India for the same.  Subject to Court's discretion you may have to come at least one time. 

S Srinivasa Prasad
Advocate, Hyderabad
956 Answers
6 Consultations

5.0 on 5.0

1. Both of you can file for mutual consent divorce in India which can be concluded in less than 6 months if there is a positive agreement on all outstanding issues such as permanent alimony/maintenance, etc.

2. If you go for contested divorce then it will take at least 2 years.

Ashish Davessar
Advocate, Jaipur
26713 Answers
797 Consultations

5.0 on 5.0

Dear Concern,

The best way for you both could be to come before court seeking divorce under mutual consideration. That would be easiest way for both of you. 

Since you are already living separately since the day of your marriage so you don't have to wait for the gap of 06 month also. You can seek exemption over that period also and can move first motion and second motion at once. 

Through this method you will be granted divorce in less than 03 months or so.

Prepare a date sheet detailing everything related to your marriage date wise and the incident happened on those dates. Then attach proof which can back those incidents. Show it to an advocate of your choice and he will assist you further. 

For e.g. - DD.MM.YYYY - Our marriage was solemnised on this date - I have marriage photos and videos to prove the incident. 

My best wishes to you. 

Pulkit Prakash
Advocate, Delhi
220 Answers
3 Consultations

5.0 on 5.0

Without husband comes to USA, US court has no jurisdiction to entertain divorce petition. But can try by filling no fault divorce in US, notice will issue at husband address. He may not appear than court will pass ex parte order. If husband dose not assail the order, divorce will attain finality.

Yogendra Singh Rajawat
Advocate, Jaipur
14592 Answers
19 Consultations

4.6 on 5.0

if you both agreed for Divorce then mutual consent divorce can be filed by a special Power of Attorney holder, who can file or take part in divorce proceedings as an authorized representative of the party seeking divorce. This applies to parties married under both Hindu Marriage Act and Special Marriage Act

Mohammed Mujeeb
Advocate, Hyderabad
11738 Answers
4 Consultations

4.5 on 5.0

You can go for mutual consent divorce in India If both of you are willing to divorce each other.

For that you have to visit court two times only for first and second motion statements.

 

Mohit Kapoor
Advocate, Rohtak
4800 Answers
1 Consultation

5.0 on 5.0

You should file for divorce in India as he cannot come to the US. A mutual consent divorce should be filed and you would get divorce in 6 months if the other party is willing.

If not then you have to contest the case.

Regards 

Rahul Mishra
Advocate, Lucknow
5043 Answers
12 Consultations

5.0 on 5.0

If you want to file a divorce case,if he is agreeing for mutual consent divorce then you can file divorce case in Indian itself and you can appoint a power of attorney from your side to sign the papers on your behalf, you may have to visit India only during the second motion to confirm the decision of divorce.

You can apply for divorce in US also however it is not legally valid in India if it is an uncontested and an exparte divorce.

You can contact any lawyer of this forum over phone by taking their phone number which is available in this forum site.

T Kalaiselvan
Advocate, Vellore
58863 Answers
745 Consultations

5.0 on 5.0

- As per law, once, the marriage was performed/registered, then you become the wife of that person.

- If, after the said marriage , you never pass your time on the bed as a husband and wife, then you can file a case for Annulment of marriage on the ground fo non-consummation of marriage. 

-  The easiest way to finish relation legally, is Divorce by mutual consent, i.e you both will have to file a divorce petition jointly , without any dispute , but this case can be filed only after compeleting one year from the date of marriage.

- Further, if you are unable to visit India for the said purpose, then you can appoint any of your relative after executing Power of Attorney on your behalf .

- Ex-parte judgement granted by the US court is not valid in India. 

Mohammed Shahzad
Advocate, Delhi
1063 Answers
19 Consultations

5.0 on 5.0

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