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 and is ground for divorce
Nri divorce
My wife does not want to join me in abroad. What should I do? Background: She is from Bihar, while I am from Jharkhand. In 2020, we got married. When that happened, I was a student. Her family always torture me and because of it I was hospitalized in her hometown in Bihar (12-March-2021). She traveled to Bihar to attend the wedding of a relative, And then she disconnected all calls. NO Communication from 15- June-2021 till 10th October 2022. She fled to Punjab without informing me or my family. (August 16, 2021) She came to my home (Jharkhand) for ONE day after 18 months and said she is working in Punjab and will return in 6 months. (10-October-2022). Till now, she has not visited my home and does not wish to join me. Last time we meet was 10-April-2021
Asked 3 years ago in Family Law
Religion: Hindu
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11 Answers
Can I file a divorce without coming to India?
Asked 3 years ago
You can execute POA in favour of family member to file petition for divorce
POA should be attested before Indian consulate
however your personal presence would be necessary during trial to give evidence
You can file divorce case if you feel that it is no more tolerable with her and to continue this marriage anymore.
If the period of separation is more than two years then you can add desertion also as an additional ground besides mental cruelty for the contested divorce case you may decide to file.
Yes, you can, by giving a power of attorney deed in favor of your father or or any other close relative back in India.
Your power agent can conduct the case on your behalf but you need to be present before court during witness evidence deposition.
- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Further, 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, regular interference of in-laws is also a ground for divorce.
- Hence, if she is not interested to live with you, then try to take her consent for mutual divorce.
- If, she not agrees for mutual divorce, then file a divorce petition on the ground of cruelty and above mentioned grounds.
- Yes, you can file divorce petition without coming to India, after giving POA to any relative for engaging a lawyer and to appear before the court on your behalf, however on some dates your appearance is needed.
1.You shall have to file a divorce suit on the ground of cruelty and desertion.
2. File it in India after engaging a local lawyer having expertise in this field.
You can get the plaint of the divorce suit sent to you by your lawyer from India and get your signature appended thereupon attested by the appropriate officer of your local Indian Consulate & thereafter return it to your lawyer in india for filing before the Court.
1.You can file a petition for restitution of conjugal rights.
2. The wife's refusal to stay with her husband for a continuous period of two years constitutes desertion and is a valid ground for divorce...
Hello,
- You can file the petition for divorce without coming to India of you choose to do so.
- There are two ways of doing it. One is where you will get the petition attested and sent back to your lawyer to file it and the other is by giving g Power of Attorney to a near relative to file the case on your behalf in your absence.
You need to appoint POA for filing without coming to India
I'm sorry to hear that you are experiencing difficulties in your marriage. In response to your question, it may be possible to file for divorce without physically being present in India, but you will need to consult with a lawyer in India to understand the legal requirements and process.
In general, divorce in India is governed by the Hindu Marriage Act, and the grounds for divorce include cruelty, desertion, adultery, and irretrievable breakdown of marriage. If you wish to file for divorce, you will need to provide evidence to support your grounds for divorce, such as evidence of cruelty or desertion.
It is important to note that divorce can be a complex and emotionally challenging process, especially if you are not physically present in India. You may also need to consider issues related to property division, spousal support, and child custody, if applicable.
I would recommend consulting with a lawyer in India who specializes in family law to understand your legal options and to determine the best course of action for your situation.
