My wife left me US in 2011 and said she will file a divorce from India. She took two kids with her. Since then we have communicated many times that this marriage is over. I have been asking her to agree to divorce agreement but she has been going in circles and at one time she asked for crazy obscene amount knowing very well that I cant afford that. At another instance she said that you file first then I will file. Other time she will say her family will decide. I spoke to her family and her family wants to close this matter mutually out of the court. But then she changed her mind again .I don't even want to go on the abuse etc part . I am done with her since 2011. I have provided for all the expenses to her so far. Now I am exhausted with all the options of solving the case in a mutually agreeable , dignified and respectful ways for her so have thought of going to court to seek a decision. However I am a US citizen now and she is Indian citizen. Also due to flights and issues related to Corona I am afraid I cant fly into India. The court is I go ahead would be Varanasi, Uttar Pradesh. My questions are:- 1. Can I file divorce petition online and have the hearing done via video conferencing?2. How long will it take to end a case like this. I appreciate your help . Thank you
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You can't file it online but you can contest it through power of attorney and give evidence through VC if court permits. The case may take sometime exact time can't be projected in Indian judiciary.
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Divorce petition cannot be filed online unless family court in Varanasi permits online filing
2) you can execute POA in favour of family member to file divorce petition . Your lawyer can send petition to you for your signature . Get it attested before Indian consulate and then send to your lawyer in india
3) contested divorce proceedings take over 5 years to be disposed of
1. There is no need for you to go to India. You need to execute a special (specific) Power of Attorney in favour of your relative or friend in India to file the divorce petition and appear in court on your behalf. If need be, you may be summoned in a video conferencing.
2. If it is by mutual consent, divorce proceedings may be over within 2-3 months.
Thank you Revered Attorney's _ Thank you for your feed back. I am wondering why cant I initiate the dissolution of marriage in US itself owing to the time(10 years) and harassments for money. That wont take 5 years , even if it is contested. Would you agree? Secondly, if only the amount of the settlement is an issue (and not the divorce) , would it still take 3-5 years or more in India? What could be the reason ,specially a court in Varanasi were Divorce cases are not much. Please enlighten.
Your wife can object to jurisdiction of US courts as marriage was solemnised in India and divorce can only be on grounds recognised by HMA
2) better option is to file for divorce in India on grounds of desertion
3) disposal of case depends upon pendency of cases in Varanasi
1. You can file a contested divorce case on the grounds of cruelty and desertion in a court within the jurisdiction where your marriage was solemnised or where you both lived lastly together in India or the place where she is currently residing.
2. You cannot file the divorce case online, however you can give a power of attorney deed in favor of any close relative back in India to represent you before the court during your absence.
3. The case cannot be conducted through video conferencing mode.
4. The time taken for disposal of the contested divorce cannot be predicted owing to various facts and situations prevailing
You have been misguided that the divorce case would stretch in India to 5 years or more.
If properly followed up, it may conclude within two years also.
The proposed divorce case in USA may not be recognised as legally valid divorce in India because neither the exparte divorce nor the other grounds namely 'no fault' or' default' or 'irretrievably broken down' which are the general grounds by which the USA courts grant divorce, and they are not recognised as grounds for divorce India.
You can initiate it in US but for Admisibility in India you need to validate the same in india
Please be guided by my earlier answer.
- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
- If is not interested to live with you then take her consent for mutual divorce .
- As per law, in the absence of her in US , a case for divorce cannot be filed there , and if you will file a divorce petition in US , then decree divorce will not valid in India.
- Further, this case cannot file online mode , but you can give some relative or nearest one POA for filing and to appear before the court .
Dear Querist
My opinion on your queries are as under:-
1. Execute a power of attorney to your family members or to your counsel and then you may file the divorce petition through your power of attorney holder in India before the Family Court where the marriage was solemnized or both of you resided together. your personal presence of not required in each and every hearing of the matter, you may appear before the court only for your evidence if not settled amicably.
2. there is no time limit for the contested cases but it may take more than 2 years.
3. As she is also in USA then you may file a divorce case in USA too before the competent court of USA and if she fights the case in USA then the decree passed by USA Court shall be valid in India too.
the divorce petition should be based on cruelty as mentioned in section 13(1)(ia) of the Hindu Marriage Act. once she accepts the jurisdiction of USA Court then she cannot challenge the same before Indian Courts.
Family Courts in India are overburdened hence the proceedings will take time.
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