• 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 2 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
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?
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
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.
Devajyoti Barman
Advocate, Kolkata
5153 Answers
54 Consultations
4.9 on 5.0
you can file from there by giving attorney to any of your relative in india attested by indian embassyey in norway
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Nothing left to add
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
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.
Devajyoti Barman
Advocate, Kolkata
5153 Answers
54 Consultations
4.9 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
In the present circumstances best is to file for divorce in india by mutual consent.
Shashidhar S. Sastry
Advocate, Bangalore
1232 Answers
59 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
you can file for divorce in india on grounds of cruelty
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Once you are granted bail your lawyer's appearance at all hearings will suffice.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
accept compromise offer
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
If the terms of compromise as proposed by her are acceptable to you then accept the offer right away.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
AB given 2 years back is valid even today.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
your lawyer will do the needful
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
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
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
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.
Devajyoti Barman
Advocate, Kolkata
5153 Answers
54 Consultations
4.9 on 5.0
since FIR is not registered ,you can come to india and settle the issue,not to worry about arrest
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
thank you for appreciation.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

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