• Getting divorce while I am in US and and my wife is in India

Overview
I was married in Dec, 2009 and since our marriage the things did not worked between us.  On our honeymoon we didn't had any physical connection.  I came to know about her affair with someone else and this was bought up to her parents as well.  Things were dragging in our relation, I finally came to US in 2011, while I was here I tracked her phone records and found she has been having another affair back in India.  

Somehow under the guidance and pressure of the family I sponsored her asked her to come to US, she was here only for 4 months and then she went back.  Since then things has been different, we hardly talk.  I came to India in 2013 and convinced her for mutual divorce which she denied (I guess pressure from her family) eventually since I had to come back to US.  I filed a case for divorce in 2013 on behalf of cruelty towards husband and other things which one of the lawyer told me that time.  

Our case kept on dragging because I was in US and no one from their side was showing up even after sending court summons.  Finally my lawyer sent his assistant in getting one of the summon signed by her after which one of family lawyer represented her in court and kept on extending dates saying she is not available.  The case was filed in Ambala (haryana) where I got married, since there was no outcome in the case, I hired a new lawyer for getting this addressed soon.  The new lawyer asked me to withdraw the case in ambala and file a new one on Delhi where we have been living after marriage, the reason of case withdraw was that in current scenario the dates would keep on going and there will not be any decision.

If we file a new case in delhi we can get x-party decision, the case was withdrawn in June 2015 and we had to wait for 90 days before filing a new petition.  I have been trying to chase down the lawyer since last one month and every time he gives me a new date and recently he is not responding as well.

I am looking for some guidance and a lawyer with whom I can discuss my case more in details and help in getting me out of this stuff.  I have all emails, phone records and other stuff to present in the court.

Looking forward for some true guidance and legal support here.
Asked 1 year ago in Family Law from United States
Religion: Hindu
1) you ought not to have with drawn your divorce case in Ambala . summons have been duly served upon your wife 

2) if your wife was not appearing court could have passed exparte divorce decree in your favour 

3) you  have been wrongly advised that there would not be any decision in the case if wife does not appear . .

4) you can file fresh divorce case in Delhi against your wife if you so desire 

5) you can engage another lawyer for fighting your divorce case if your lawyer is not responding 

6) you can also file for divorce in USA . if your wife participates in divorce proceedings in USA decree would be valid in India 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
1. The withdrawal of the case from Ambala to file it in New Delhi is difficult to comprehend as the summons can be evaded even in New Delhi. It is also difficult to understand the logic behind waiting for 90 days to file the case.

2. If she does not appear in the court then there are multifarious ways in which the court can proceed ahead and take the case to a logical conclusion. The court can pass an ex parte judgment if she does not honour the call to appear. It is not supposed to wait eternally for her to turn up in the court.

3. Since you have all the requisite proof to substantiate your case you should be able to get a favourable finding from the court.

Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Dear Querist, Your facts as mentioned above hints that you have been consulted as a NRI/HNI client who has been used to extract money. With all due respects although the idea of filling in Delhi is good no development on filing shows irresponsible of the learned advocate, it is thereby suggested to file a fresh on the basis of adultery(as you have phone records), cruelty(no proper cohabitation since marriage) and press for immediate/fast track proceedings as you would be able to attend/come to Delhi on every date. you might also need to authorize some one in Delhi(family member/friend/relative) who can sign documents on your behalf. 
Atulay Nehra
Advocate, Noida
443 Answers
15 Consultations
4.7 on 5.0
1. Get the case withdrawn and file a fresh case.
2. Another option is to change your lawyer.
3. You can obtain order from high court for concluding the trial in a time frame.
4. So several options are there, choice is yours.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
First of all it was mistake to withdraw the pending case at Ambala on some misguidance.  You could have asked your previous lawyer itself to continue instead of changing the lawyer because blaming a lawyer for the proceedings getting dragged for the reasons beyond his control is not a wise thing,because you were thoroughly misguided by another fraudster lawyer he went into hiding after extracting hefty amount from you taking advantage of your absence in India.
Well, let us think of what is to be done next.  Dont waste time in tracking that lawyer alone anymore, you may look for  a better lawyer yourself at least consulting your friends at Delhi.  You may also consult a lawyer or an attorney in US about the feasibility for filing divorce at US itself.   no doubt getting exparte divorce in US will not bind the marriage held in India, until it was a consented divorce, the same may not be recognised in India as per Indian laws. You can consult some of the lawyers of this forum over phone and proceed as per their advise if it is found to be useful and effective. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

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