• Divorce in India, girl cheated and living somewhere in USA

We were married in india 9 months back and moved to usa immediately. I found my wife has some boy friend in india whom she is talking with hours of calls and chatting very explicitly. I had all proofs. Recently she abandoned me after she got a work permit and living out since a month in usa. I am filing default divorce in USA. I also want to file a divorce in India.

1.) Should I come physically to india to file divorce OR can my parents file if I give power of attorney?
2.) In how much time should my wife respond to the divorce petition in India that we filed? Presently she is trying to settle in USA and her immigration situation avoids is hard to travel abroad.
3.) Can her parents attend the court in response to the petition? 
4.) In how many attempts or days will my divorce go to default if she doesn't appear in Indian court?
5.) How can we serve her when she is not there in India and cannot be found in USA

Very IMp. please read my questions clearly and answer clearly.
Asked 1 year ago in Family Law from United States
Religion: Hindu
1) if your wife participates in divorce proceedings in USA your divorce decree would be valid in india 

2) if you want to file for divorce in India you can execute POA in favour of your parents but you will have to come to India during trial 

3) your wife parents can file reply on her behalf if they have been duly authorsied to do so  within period of 30 days from date of service of summons . court can take reply on record and condone delay in filing reply 

4) if your wife does not appear in court nor engages an advocate you can get exparte divorce after a year or so 

5) you can serve your wife  at her last known address . if summons are returned you can opt for substituted service ie by paper publication 
Ajay Sethi
Advocate, Mumbai
23325 Answers
1220 Consultations
5.0 on 5.0
I must say if you get divorce in USA in which proceedings your wife also participated the same is very much valid and binding in India.
1. Yes, you can file the suit through POA holder.
2. If she receives the summons then the very next scheduled date would be fixed for her appearance.
3. No unless they are poa holder.
4. After 3-4 times.
5. You can send by speed post. Then can make paper publication.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
1. You cannot file for divorce simultaneously in India and USA. There can be only one divorce proceeding, it may be in India or US.

2. You will be well advised to file for divorce in India if you are citizens of India and your marriage took place in India as the judgment of US court can be challenged by your wife in India which can set it aside.

3. You do not have to come to India to file for divorce as in divorce proceedings the presence of the lawyer in the court suffices.

4. Your wife will have to respond within the time granted to her by the Indian court.

5. Her parents can attend the court along with her lawyer, but they do not need to do this as the presence of her lawyer alone would be sufficient compliance of the procedure.

6. Nobody can foretell the time within which the court will decide your case as it is dependent on factors such as the pendency of cases in the concerned court,etc. 

7. She can be served at her last known address. If she cannot be served the court can order summons through Indian Consulate in US.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
For initiating the divorce process the marriage should be older by at least one year or more.


.) Should I come physically to india to file divorce OR can my parents file if I give power of attorney?
You can execute a power of attorney deed in favor of your father or mother to file a divorce case on your behalf but remember that you may be required to be present in person before the court for deposition of evidence.



2.) In how much time should my wife respond to the divorce petition in India that we filed? Presently she is trying to settle in USA and her immigration situation avoids is hard to travel abroad.
If it is a divorce case on mutual consent then she may be required to be present during filing and after 6 months during the second motion.  If you intend to file a contested divorce case, she may have  to appear before the court either in person or through her lawyer on the next date of hearing printed in the summons duly served on her.


3.) Can her parents attend the court in response to the petition? 
Her advocate can represent her during her absence.


4.) In how many attempts or days will my divorce go to default if she doesn't appear in Indian court?
If she chooses to not to appear before court despite being served the summons on her, she may be set exparte n the next date of hearing itself after that upon evidence given by you, the case may be decreed exparte in your favor. 


5.) How can we serve her when she is not there in India and cannot be found in USA
You have to send the summons to her last known address only, you cannot go behind her following her in all those addresses being frequently changed  by her. 
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
1. your physical presence is a need for contesting the case. For filing no need of presence but have to attested the prepared application and vakkalath before notary or Consulate. 
2. Notice send to her US address through court and it seems not delivered serve it through consulate to her.
3.If she give power of attorney ,her parents can come before court.But the at the time of taking evidence her presence is must thing.
4.If the notice/ summons  seems delivered ,then next posting date called  her name ,if she is not present declare as exparty and next posting date you have to file proof affidavit and after that decreed in default. 
5. Through Paper publication 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
Dear Querist
My opinion on your queries are as under:

1.) Should I come physically to india to file divorce OR can my parents file if I give power of attorney?
Opinion: POA Holder may file the same.

2.) In how much time should my wife respond to the divorce petition in India that we filed? Presently she is trying to settle in USA and her immigration situation avoids is hard to travel abroad.
Opinion: Within 90 days from the service of summon otherwise the court have right to pass an ex-party order against her.

3.) Can her parents attend the court in response to the petition? 
Opinion: may be if they get POA too.

4.) In how many attempts or days will my divorce go to default if she doesn't appear in Indian court?
Opinion: As point no.1

5.) How can we serve her when she is not there in India and cannot be found in USA
Opinion: Last residence or her parents residence address you may send the summon/notice through court.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. You shall have to file divorce suit in India on legally acceptable ground eafter one year of completion of your marriage. Having boyfriend in India and chatting with him explicitly is no ground for seeking decree of divorce in india. Your POA holder can file a divorce suit in India on acceptable ground. Your POA executed in USA shall have to be notarised by the appropriate officer of Consulate of India,

2. She shall have to contest the case by appearing by herself or through advocate appointed by herself or her POA holder on the dates of hearing the case. In case o body attends to the case, it will be decreed ex-parte,

3. Yes, if they become her POA holder to attend the said case,

4. It is difficult to predict since it depends on yur advocates persuasive skill.Absence in consecutive  4/5 hearings are enough to ask for ex-parte hearing order from the Court,

5. You shall have to serve at her last known address and also publish the notice in two local Newspapers to call it good service of notice.
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
5.0 on 5.0

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