If your husband has appointed advocate to appear on his wife you won’t get exparte divorce 

2) he cannot be declared absconder 

3) it is not a criminal case 

4) if you are able to prove  allegations made in divorce petition court can grant you divorce 

1) marriage was solemnised in India 

2) Indian courts would have jurisdiction in this case 

There is no question of declaring him as an absconder.

If he is not appearing before the court then the court would take decision i his absence as per provisions of law.

Since you have filed an appeal before high couirt and not a divorce case, you cannot expect or insist  him to come for a compromise at this stage.

If you want to somehow get out of this marriage then you may have to withdraw the appeal bending before high court and file a fresh divorce case on the grounds of mutual consent provided he is willing to accept and agree for the same if you reciprocate with his demand of money, even a negotiated amount.

It appears that the trial court has not considered  the grounds as valid that were mentioned in your divorce petition hence it was decided against you.

There is no provision in law to demand your ex-spouse to agree for compromise against his willingness. 

You were an Indian at the time of marriage and the marriage was solemnised as per Indian laws, hence the divorce under the provisions of Indian laws would be applicable irrespective of your status i.e., change in the citizenship.

Hi 

Since the matter is pending since 2013, courts after giving enough opportunities to respondent are duty bound to grant an ex-parte decree in your favour. 

In family court/Matrimonial matters, appearance of parties is mandatory and courts are mandated to engage with parties directly. 

 Mere lawyer presence is NOT acceptable in family courts. This is applicable even when a lawyer is permitted to appear in matrimonial matters under section 13 of Family court act. 

Please appear in person and request the court to 

a) either grant you an ex-parte decree

or

b) Proceed with evidence  in absence of Respondent. 

Both are permissible in family courts

Your German citizenship will not affect the on going court case. 

Hope this information is useful. 

Dear client, 

Yes, you may declare him as absconding and take the case to the court. Moreover, your German citizenship will not affect the case as long as the marriage was originally registered in India. 

Thank you. 

Please follow up with your advocate to expedite divorce proceedings by asking the court to set your husband ex parte, as he continues to evade the due process of law. Change of your citizenship shall not impact your case.

You don't have to pay anything to him. Need to study entire case to give you advice. 

If you need any further assistance.You can approach me through Kaanoon or LinkedIn.