I am seeking advice on grounds for divorce as it is highly likely that my wife will not agree to a mutual divorce. I have been married for 2.5years. My wife has been living and working overseas on a work visa since 2015 and since our marriage we have only lived together for one week and then 3 months in India and 6 months together overseas. My in laws applied for the incorrect visa class on my behalf twice which got rejected and I was blamed for not getting the visa. I was constantly demotivated and berated by them which caused ongoing stress for me. I was not able to support my wife while she was pregnant and I didn’t have a visa to travel overseas to see my son until he was 7 months old. My wifes sister, her brother and brother’s wife also lived with us while overseas. Our relationship deteriorated further, as my wife and my sister in law would constantly complain to her family about me, via phone calls and video calls. I would stay home and look after my son while my wife went to work. My in-laws continually incited my wife against me, embarrassing me about being unemployed, accusing me of marrying for overseas visa. I was also threatened with being deported and threated with being reported to the police despite my wife being the one that was aggressive and violent; this was done to control me. While I was overseas my in-laws visited my parents and threatened to end the relationship if I didn't adjust as per their conditions, which traumatized my parents as well. I have felt very depressed, and helpless and my mental health severely deteriorated due to being house-bound whilst overseas to the point where I contemplated committing suicide. Due to the Covid19 pandemic I was stuck overseas however I managed to return to India on a repatriation flight. Since then my wife has been in constant contact with my family members, inciting them against me by accusing me of leaving her without any reason and having an affair with her sister in law. I have been feeling depressed about the situation and I feel trapped and unable to do anything for fear of false accusations by my wife and in-laws. My parents also feel intimidated by my wife and her family as they threatened them previously and this has caused my parents health to deteriorate, to the point where my father suffered a brain stroke in July this year. I am happy for my wife to have custody of my son as I am currently unemployed and we are in different countries. I have also been seeing a psychiatric doctor regarding the mental trauma I have been through. What is the quickest and best way to go through a divorce application? Do I need to apply for divorce in my local court in my city or can I apply through any court in India? Also, what is the timeframe for a mutual vs contested divorce. Thank you.
File for divorce on grounds of mental cruelty in India in city where marriage was solemnised or where you stayed together after marriage
2) since your wife is working you will not have to pay her any alimony or maintenance
3) seek visitation rights for your child
For MCd, it takes 6 to 8 months.
And contrasted divorce takes time. You can file divorce from your present place. Ground of divorce, public defamation, insult to inlaws, mental cruelty etc. She is not in country. So court may pass ex parte order in her absence.
In Indi were you both or single last stayed in the city on that city you have to apply in the court for the court proceedings divorce. The fastest divorce can be mutual consent divorce.
- The easiest and shortest way for getting divorce is only Mutual divorce, whether in India or abroad , both is valid in India. , and acceptable .
- If she refused , then you can file a divorce petition in India on the ground of Cruelty and desertion .
- However, you can also file this suit in the country of residing , as a contested divorce is valid in India ,if a foreign court passed it .
- In India contested divorce can take much time .
if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for #Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
a separation of one year is mandatory for filing a mutual consent divorce
don't forget to draft a# memorandum of understanding before approaching #Mutual Divorce, which is the most essential and important part of a #Divorce case to avoid/reduce future #legal complications,
some basic points to keep in mind and put in writing through an #MOU before filing the petition for #mutual consent divorce are #custody of kids, #distribution of assets (movable/immovable), quash/withdraw of #pending litigation if any, #Maintenance (present/future), #Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you have two options,
one option is to,
file #contested divorce on the grounds of #mental cruelty but it will take around 3-5 years,
once you file contested divorce she may file/claim
#498a complaint
#Domestic Violence case
#maintenance,
so be ready for them too,
and,
the second option is to file #Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,
RCR will work as a safeguard to 498a, maintenance, DV etc
Hello,
After going through the facts of your case and questions about your wife and in-laws misbehaving, overriding your dignity and emotions, we suggest you to file divorce petition before family Court seeking divorce from your wife with demand of maintenance under section 24 and 25 of Hindu Marriage Act 1955 being unemployed youth husband and wife being employed earnings sufficiently can bear your monthly maintenance and expenses during divorce petition being heard before the Court even after divorce petition granted to both of you.
You may prefer child Custody or visitation rights of your son staying with your wife under section 26 of Hindu Marriage Act 1955.
You may seek housing Housing accommodation expenses from your wife working overseas.
You may file divorce petition by mutual consent under section 13B of Hindu Marriage Act 1955 before family Court and seek your wife's signature on petition before Indian Embassy officials in the Country your wife is working with the present employer.
The best way is mutual consent divorce which is easy, quick and less expensive
If you have decided to quit this married life owing to the hardships and tortures you were made to undergo by your wife and her parents, you can file a contested divorce case on the grounds of cruelty.
In my opinion they may not easily agree for mutual consent divorce.
The time taken for mutual consent divorce shall be 6 months to the maximum however the contested divorce may take three years or more for disposal.
You can file the divorce in the place where the marriage took place or the place where you both last resided together in India or the place of current residence in India.
1. Though mutual divorce is most expeditious mode of dissolution of marriage its possible only if both parties agree. In such event file contested divorce on mental cruelty ground.
2 . Such suit is filed where marriage was performed or where she is presently residing or where both of you last resided together.
3. 6 months vs 3- 4 years.
You can apply for divorce on the basis of mental harrassment and ill treatment in the court where you reside.
A divorce petition on grounds of cruelty should be filed where you currently reside as it must be the place where you lived together before going overseas.
A mutual consent divorce takes a week min to max 6 months.
A contested divorce case can take at least 2-3 years given the present situation.
Dear Sir/Madam,
You are suggested first of all to have mental courage and stamina because you are suffering for no fault of yours but because of vengeance of the in laws. In the mutual consent divorce the parties are required to have separation of one year while filing the divorce petition and the petition is filed jointly. While the contested divorce can be filed one sided on the several ground including but not limited to cruelty. You are first of all suggested to submit an humble application to police authorities regarding the day to day torture created by your wife or in laws and apprehension of false cases under women oriented laws by her. Also, pray for the adequate opportunity to put your version of case before any action against you or your family members. This application can be sent by post, but preserve the application and postal receipt. This will a shied when they file the false cases. Further, be a bit tricky and start sending SMS, WhatsApp, email, letters etc. to your wife stating that you love and miss her and child a lot and call her to your place. It may be a tool or proof for you and her replies may be part of cruelty exhibited by her and her relatives. This will be used in divorce case. After colleting all the proof go for the divorce case.
in mutual divorce : The average timeline of the entire process, from the date of filing till getting the divorce decree can be around six months to 18months.
Contested divorce may take minimum 4 to 5 years.
1. The quickest way to get divorce is mutual consent divorce which seems impossible as per nature of your wife and in-laws.
2. Other way is Filing divorce petition on ground of mental cruelty by wife and in-laws.
3. Time for mutual consent divorce is 6 months and for contested is between 2 to 4 years
If we were to jointly apply for a mutual divorce via the NZ family court system, which is where my spouse ordinarily resides (and I have made enquiries that it is possible to apply through them), what would be the process here in India? Does the NZ divorce certificate, being a mutual divorce get registered and then a divorce certificate is issued here as well? What is the process for ensuring the mutual divorce obtained in NZ is recognized here. I need to separate out joint accounts and remove my wife's name from my Indian passport so I will need some evidence of the divorce having taken place. Thank you.
You have to file petition for declaration in family court in India that marriage is dissolved by NZ divorce decree
You need to validate the said divorce in India. Then it will be recognized in India too. For any assistance contact me in kaanoon on 9 a 7 g 6 g 9 g 4 e 9 g 0 f 9 f 1 a 1. Consultation applicable.
You can file a divorce case in NZ but not through Indian sources.
You may enquire about the procedures for filing divorce on mutual consent at NZ, before that she has to agree for mutual consent divorce.
The reason shown in the mutual consent divorce should be due to difference of opinion or irreconcilable differences.
The no fault divorce or the divorce granted by one party not participating in the divorce proceedings in that country's court, is not recognised as legally valid divorce in India.
No divorce certificate shall be issued in India.
The courts in India shall be delivering the judgment and order dissolving the divorce by mutual consent of contested divorce accordingly and the judgment copy shall be the authentic proof to prove the dissolution of marriage between the spouses.
The cop[y of the judgment granting divorce in India would be the substantial proof to attach with the application to the passport authorities for reissue of passport by deleting the spouse name.
- As per law, a Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.
- Further, if the matter is contested between parties in US Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India.
- Hence, if you got the divorce decree after filing a joint petition before the family court in NZ , then the decree of divorce granted by that court is valid in India , and not need to file any petition in India for validating the same.
- After getting the divorce , you can proceed for separating her name from your passport legally after submitting the divorce decree .
you need to apply for validating the same in India .
I am looking at submitting a divorce application on my own behalf based on mental cruelty grounds. If I was to demand maintenance from my wife under sections 24 and 25 of Hindu marriage act based on my unemployment status and her earnings how do I proceed with this? Her earnings are sufficient to support herself and our son while living and working overseas. I have not been employed since we got married in Feb 2018 and she is formally qualified while I'm not. I have suffered a lot of financial loss during the relationship including paying medical treatment costs incurred as a result of my father falling ill due to stress caused by her and her family. Is the maintenance aspect included in the divorce application or submitted separately. Also the last place we resided together was my hometown. Do I apply in my local court or my district court? Her parents house is 2 hours from where I live so I would prefer to apply closer to where I live.
1) jurisdiction for filing divorce petition is where marriage was solemnised or where you stayed together after marriage or where wife was residing
2) engage a local lawyer for filing divorce petition seek maintenance from wife if you are unemployed
3) it is not necessary to file separate application for maintenance
You can file the divorce case on the grounds of cruelty in your hometown itself where you both last resided together.
You can file it in the family court of your town.
You can file an application under section 24 HMA seeking maintenance pendente lite from her but you have to produce substantial evidence to prove her income nd sources of income and claim a portion of her income towards maintenance to you provided you have stated on affidavit that you do not have any income to sustain your expenses.
24 Maintenance pendente lite and expenses of proceedings. Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable:
Yes your local court of address where you got married or resided after marriage with her