Hello, I am an NRI and got married in 2012 as arrange Hindu marriage. We never had a good cordial relationship in our marriage due to difference in mindset. Last 4 years we are living separately. I asked her for mutual divorce but she denied. she is okay to live separately but doesn't want divorce. we don't communicate to each other and don't have any kid. I don't understand what to do in this situation. I want to have divorce and move on in my life while she doesn't want to give me divorce. I have decided to get divorce but have some queries - AS an NRI can I file for divorce in any Indian city ?Originally I am from Bihar and marriage also took place in Bihar. Can I file for a divorce without coming to India? What are my chances of getting divorce / Kindly advice since i am mentally disturbed due to my situation.
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
File for divorce on grounds of mental cruelty and desertion
2) wife refusing to stay with husband for continuous period of 2 years amounts to desertion
3) it can be filed in city where marriage was solemnised or where you resided after marriage or where wife is residing
4) you can execute POA in favour of family member for filing divorce but your personal presence would be necessary during trial
1. File for Restitution of Conjugal Rights in the competent jurisdictional Court in Bihar and if your wife does not join you in your marital life, inspite of obtaining favourable order on your side, her refusal to join you itself could be the strong ground for you to obtain divorce from her.
2. You can file divorce either from the address you stayed in Bihar, India or the place in Bihar, where the marriage took place.
3. You can file for contested divorce without coming to India by giving Power of Attorney to anyone, preferably blood relative. However you will have to attend Court atleast on two or three occasions.
4. Based on the outcome of Restitution of Conjugal Rights (RCR), if it's favorable to you, your chances of getting divorce is quite high.
You can file a contested divorce case in any one of the following places:
The place where marriage took place or
The place where you both last resided together in India or
The place where she is currently residing.
You can file contested divorce case on the grounds of cruelty and desertion
If you are not able to come to India to conduct the case you may give power of attorney deed in favour of any close relative back in India to conduct the case on your behalf during your absence.
- As per law, 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.
- Further, As per Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce,
- Further, under Hindu Marriage Act, separation is also a ground for divorce provided that both the husband and wife are living separately for a period of not less than two years at the time of filing the divorce petition
- Since, she is not ready for mutual divorce , then you can file a divorce petition in India on the above mentioned grounds .
- Further, if you are unable to come to India , then you can give POA to any relative to engage a lawyer on your behalf, however at some stages your appearance may be required.
- Further, as your marriage was solemnized in Bihar and living in Bihar , then you have to file the case at the place of living.
1. You being a NRI can very well file a divorce suit in India on prescribed ground.
2. You can file the divorce suit from abroad and in that case you shall have to get the printed final copy of the suit for signing it before the appropriate officer of your local Indian Consulate. You shall have to sign the Vakalatnama also in the same way. Both the plaint and the Vakalatnama shall have to be sent to your lawyer in India for his getting it stamped by the concerned stamp collector in India and for filing.
3. Has she left you of her own from your residence at Qatar or India?
4. Have you lodged police complaint for her such leaving your house of her own?
5. You can thereafter file the divorce suit in India on the ground of her cruelty and desertion.
Every petition for divorce under Hindu Marriage Act shall be filed with the District Court( family courts) within the local limits of whose ordinary civil jurisdiction:
The Marriage was solemnized, or
The respondent at the time of the presentation of the petition resides, or
The parties to the marriage last resided together, or
In case wife is the petitioner, where she is residing on the date of presentation of the suit, or
The petitioner is residing, in case respondent is out of the territory of which the Act applies or has not been heard for 7 years.
Chances of getting divorce depends on the evidence and the same needs to be perused in order to give you more concrete advice.
Dear client, I am sorry to hear that. If a Non-Resident Indian (NRI) married in India wants a divorce, then he/she can do so by filing a petition in India or in the country where both of them are residing. The Indian law provides for this exception of filing a divorce in another country as well.
You may file for divorce without coming to India through a duly appointed PoA. You need to execute a special PoA in favour of your relative or friend in India and get it either notarized or attested by the Indian Embassy/Consulate in Qatar and send it over to India. You may appear in person later.
Yes you can file divorce in India if marriage was solemnized in India.
Chances depends on merits
