No you can not file for divorce from Norway. You will have to file it here in India. And its not as simple as you think. Contested divorce may take years. Now you're in another country. Why can't you take her there and give another try to your marriage?
How to file divorce in India from abroad
I was married in India in June 2010. And at that time she was studying so she was in her parents house. And then she came to my house in January 2011. May be it was just a month she was ok. And then she started abusing my parents, and also she started torturing me and also torturing saying I will commit suicide and so on for no reason. And then after some thinking I came to know she wanted to stay in a separate house and she did not wanted to stay with my parents for no reason. But am the only son so I wanted to stay with them and take care them. But she started more abusing my parents day by day. And more that to make me irritating she talked bad about me and my sister relationship which is very cheap one. Meantime I got an opportunity in my company to travel to Norway on contract for one year. And then she left my home saying I want to study for exams to her parents house. She was working as a school teacher and doing MA correspondence. And after she left she did not came back to my house. Then I was so fed up by her torture as she also threatened me that she complaint to media and bring me to the road. Then I decide to file divorce against her and I did by going to India in April 2012. And I came back to Norway. As I was not present in court the case dismissed after some hearings. Now am in Norway with a permanent job and my parents staying with my sister who is taking care of them. So now I want to file a divorce to her from Norway strongly so that I can come out of this ASAP. So I wanted to know the procedure to do that. And also I want to know can i get the divorce and can I go to India and get married again and come to Norway without any hassle. Please let me know ASAP so that I can go forward with this.
Asked 10 years ago in Family Law
Religion: Hindu
29 Answers
But they say irretrievable breakdown marriage divorce grounds should be possible in this type of situation. And also I had tried telling to their parents 3 times and she had told she will change but she never did that. I tried 3 times before I came to Norway but she never changed. And more on to tell you in simple I am so out of this now that I am not in touch with her for 2 years. And in the mean time she and her father has told all bad and wrong things about me to my relatives and people so on which is not true as well. And she is so much talked badly with others which am not. So I don't think of getting going with her again. If you can guide me or help in regarding how I go forward with get ridding of this from my life. That will be more helpful rather than I going to the same dark devil life
Asked 10 years ago
1. Check local law in Norway. In many states like UK, US, Singapore, Australia etc. the residents there are allowed to file suit for divorce even if their spouse stay in India.
2. So if it is allowed in Norway then you can file such suit.
3. Irretrievable ground for divorce is still not a ground for divorce in India except in the event of mutual divorce.
4.However I would advise to amicably settle the dispute to avoid brick-batting which often turns ugly in court.
you can file from there by giving attorney to any of your relative in india attested by indian embassyey in norway
your marriage has been solemnised in india. after marriage you stayed with her in india.you are presently residing in norway. you can file for divorce in norway but it should be on grounds recognised by hindu marriage act. if your wife does not participate in divorce proceeding and it is on grounds not recognised in india then you may be divorced in norway but married in india. best solution is to go for divorce by mutual consent in india
1. Since your marriage was solemnised in India and you cohabited with you spouse in India it is advisable that you file for divorce in India to preempt any possibility of a subsequent challenge being laid to the decision of Norway court in an Indian court by your wife. You may engage an Indian lawyer while sitting in Norway and sign the vakalatnama (power of attorney) in his favour and divorce papers and post them to him in India whereupon he can file it in the court.
2. Irretrievable breakdown of marriage is not a ground for divorce in India. You may apply for divorce on the ground of spousal cruelty.
1. Arrange to file the Divorce suit in India. Get the papers signed by you and sent to India for filing the suit,
2. Engage a lawyer for the said purpose otherwise this one also will be rejected for non prosecution. Ask any one from your family to follow up and monitor the matter with the lawyer,
3. You shall have to come to India at the time of giving evidence & your cross examination.
Nothing left to add
Thank you all for your answers. Rajeev and Ashish you mean I can apply from Norway only and by sitting here I can fight for it and get it through embassy and lawyer. Ajay if I can get on the grounds of Hindu marriage act against her can I get it done. And then what could happen please let me know. Krishna as per your comment if I do so and if I go to India during cross examination if she applies 498A and domestic violence it may be problem and I can't come back to Norway right? I want to get out of this without getting stuck with all hassles. Please guide me Again thanks for all in helping me out. I will take step right away if I can do so as you all said
Asked 10 years ago
1. DO not come to India right now.
2. File suit for divorce in Norway only,
3. If criminal case is filed in India then you will have to personally visit to take bail and later on to contest the same.
Fighting criminal case through lawyer without your presence in all dates is not permissible.
1) you can file for divorce in Norway if you so desire .it can be on grounds like mental cruelty, desertion . please not irretrievable breakdown of marriage is not recognised under hindu marriage act
2) you can serve summons on your wife in india . if your wife after receipt of summons participates in divorce proceedings divorce decree so obtained would be valid in india
3) if your wife does not appear nor file an appearance through her lawyer the decree so obtained would not be valid in india as she can take the plea that she has not submitted herself to jurisdicition of courts in Norway .
4) hence advised you to file for divorce in india by mutual consent
In the present circumstances best is to file for divorce in india by mutual consent.
1. Since the judgment of Norway court can be upset by Indian courts on a challenge by your wife I advised you to file for divorce in India.
2. Serving summons on your wife would also be a problem if you file divorce in India. Hence, another reason why should file it in India. Summons would bear testimony to the fact that your wife had an adequate opportunity to defend herself.
3. Once she files a criminal case and you obtain bail then you can fly back to Norway without any hassles.
Thanks all for you suggestion To sum my question now. She is not willing for mutual consent. If I have bail for 498a and DV can I go to India and file a contested divorce. And if I do so is it possible for me to come back to Norway. And go to court proceeding now and then and my lawyer takes care the other days which I can't come. Is that possible. If she charges criminal case on me and my parents I can I proceed further. My parents as AB. So what should they do. Please help its urgent
Asked 10 years ago
And do they seize my passport if she charges any criminal case like 498a and DV
Asked 10 years ago
Just now I came to know she has filed dowry arrasment case. Please help me wt should I do. I talked to our lawyer lets see what happens. Please reply ASAP. Coz police have taken my parents but they have AB. Wt to do now. Reply fast anyone am now nervous
Asked 10 years ago
if your wife has filed 498A case come to india obtain AB.as far as your passport is concerned you would need court permission to travel abroad
you can file for divorce in india on grounds of cruelty
1. Since your wife has filed a dowry case against you it is now expedient to your interests that you immediately apply for anticipatory bail in India. You do not have to be in India to file for AB as AB petition once drafted and sent to you by your lawyer can be got attested at Indian consulate by you and sent back to your lawyer in Indian whereupon he may file it in court. Once you are granted bail then you can safely fly to India and also fly back to Norway. Do not evade the legal process initiated by your wife in India as you can be arrested from Norway and sent back to India whereupon no court may give bail to you.
2. Are you sure your parents have AB? If yes, police could not have 'taken' them.
3. If passport is seized then you would need court permission to fly back to Norway.
Once you are granted bail your lawyer's appearance at all hearings will suffice.
Thanks sir. And just now I heard that they are talking about compromise with paying some money wt should I do if they come for that
Asked 10 years ago
They have AB which I had done for them 2 years back only
Asked 10 years ago
accept compromise offer
Anyone please reply soon
Asked 10 years ago
Ok but can't they do anything later like file again or something. How to compromise legally to avoid future hassles I mean it should be legal compromise to be safe
Asked 10 years ago
They have AB which I had done for them 2 years back only So that is ok right
Asked 10 years ago
If the terms of compromise as proposed by her are acceptable to you then accept the offer right away.
Let the compromise terms be reduced into writing and signed by her. Legally speaking, the case can be filed even after the drawing up of compromise unless it has the stamp of approval of court.
AB given 2 years back is valid even today.
Thanks sir so I should get a letter signed by her and get the stamp of approval of letter and then travel to India right? So anyhow I should apply AB right even if they come for compromise right
Asked 10 years ago
your lawyer will do the needful
Ok thanks all for helping with suggestion still I don't know clearly wt is happening now in India if something to ask you all I will post a question Thanks a lot for all of you
Asked 10 years ago
thanks for your appreciation
for AB your presence is not required , some times its the court who wants that accused to come in court for AB so that they can explore any possibility of settlement.
you really do not have to worry even if FIR is registered as the police has to take permission for DCP for arrest and that take some time.
for an exact advice kindly tell me whether FIR has been registered or not ,or if regustered whether arrest permisiion has been obtained or not
Hi sirs Yesterday they did drama and then they threatened to my parents that they will file a case if not I go to India in 2 months. And to come over that situation as even the police were on their side our lawyer said to my parents that agree for that and we get rid of the situation right now. So my parents have given in writing that they will arrange me to go to India in 2 months. My lawyer is saying that I cannot take AB sitting here thru embassy. So if that the case I should go to India within these 2 months and face it. FIR is not registered that just closed the issue in police station with giving justification like this. So what should I do now. Please tell me ASAP. We have to rush in decisions now so.
Asked 10 years ago
your lawyer is right . for obtaining AB in many court s personal presence of applicant is insisted upon . you will get AB only if FIR is registered . please go by your lawyer advice
1. If she has filed dowry harasment case which you came to know ' just now ' how could you take AB for your parents two years back? AB can not be taken without FIR been filed.
2. Was there any FIR she had filed earlier?
3. However, get the Power of Attorney or Vakalatnama signed at Norway and attested by the concerned Embassy person at Norway and take the AB for you at the earliest,
4. After taking AB, negotiate for MCD with her,
5. Your father's giving in writing that he will bring you to India with in 2 months is not neither binding on you nor on your father, legally, since you are not an object.
Take AB now for which you need to come to India.
AB is not possible unless and untill you come to India and face the apprehension of getting arrested.
I may repeat in your absence in India AB would not be heard.
since FIR is not registered ,you can come to india and settle the issue,not to worry about arrest
Go as per the advice of your lawyer. Court has wide discretion to hear AB without mandating the personal presence of accused before it. Which way it will exercise its discretion, only time will tell.
Thanks all for the suggesstion and advices. We just follow the advice from our lawyer now. If i need any help i will ask again. Thanks all again
Asked 10 years ago
thanks for your appreciation
thank you for appreciation.