• Divorce

I am seperated from my wife for last 4 years as my wife is not ready to live with me and she is not ready for any discussion and not letting me to meet our kids also.i tried my level best the for reunion,but she didnt agreed,last year i filed a petetion for restitution.She accepted the notice and not appearing the court as she is living abroad.Now i am also mentally prepared for seperation.can i get atleast divorse if she is not appearing or responding to the court and how much time it will take,Can she delay the divorce process as she is not appearing the court
Asked 3 years ago in Family Law
Religion: Christian

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8 Answers

File a divorce petition before the court on grounds of desertion and cruelty. Try to expedite the process by sending notices and ask your counsel to take early dates so that the matter can be settled quickly.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You cannot file petition fir divorce during pendency of RCR petition 

 

2) withdraw RCR and file for divorce on grounds of cruelty 

 

3) wife refusing to stay with husband amounts to cruelty and is ground for divorce 

 

4) seek joint custody of your kids 

Ajay Sethi
Advocate, Mumbai
99842 Answers
8148 Consultations

You are entitled to file petition in District Court seeking dissolution of marriage under Section 10 (ix) Divorce Act, 1869 governing Christians. The petition has to filed in Indian Court as decree obtained from foreign is not valid. She can delay the  proceedings by appearing in Court and opposing your claim for divorce. If she fails to appear in Court your will get an ex parte decree within around six months period. Such decree becomes enforceable after six months from the  date of pronouncement. You can file divorce  petition by executing GPA in favor of your relative and getting it attested by Indian Embassy.

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

If you have decided to go for divorce then you may have to withdraw the RCR case and file the proposed divorce case. 

If you would like to meet your children then you can file a child custody case and file an application seeking visitation rights as an interim relief. 

If she receives the summons for divorce case and prefers to not to appear before court then you may request the court to pass an exparte divorce decree. 

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

Dear client I am sorry to hear that but in the case you can seek ex parte a degree if your wife does not appear before the court in the next proceeding.

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

If your spouse does not attend the court hearings, the court can pass an ex parte decree, i.e., your wife forfeits her rights to give her replies or examine her witnesses and the court will proceed based on the facts you present. 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

- If she is not ready to live with you, then you can take her consent for mutual consent divorce and which may granted within a short period of time. 

- Further , if she is also residing in Qatar then you can file a joint petition for mutual divorce there , and which is valid in India. 

- Further, if she is not agree for the same , then you can file a contested divorce in India or Qatar on the ground of separation. 

- Further, as you have already filed the Restitution petition , then in case of her non-appearance before the court , the court may proceed ex-parte decree against her. 

- Further, if this RCR decree granted to you ,then she cannot claim any maintenance from you and the divorce can be granted on this ground . 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

You can file contested divorce and take exparte order if she is wilfully absent 

Prashant Nayak
Advocate, Mumbai
34562 Answers
249 Consultations

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