Is there any issue with me being a Non Resident indian from the next year, that would hinder me from getting a legal separation next year onwards?
I don't want alimony or maintenance; just a legal divorce.
If you have decided to part your ways with your husband by getting your marriage dissolved by a decree of divorce, you may first try to contact him for a mutual consent divorce, if he is not responding or non-cooperative, you may file a contested divorce case on the grounds on which you both have disputes.
My lawyer asked me for proofs when filing a case. If I give proofs, it would become a case of domestic violence which becomes a criminal case against my husband I believe?
I dont want to get into a legal battle.
You lawyer is right is demanding the proofs to prove cruelty in the contested divorce case without which the case may not be maintainable. In a contested divorce case, it will be a divorce case alone and not a domestic violence case, that is different to this. That case can be taken up only when you file one otherwise there is no such case from your side. The contested divorce case is a legal battle. You cannot avoid it if you want relief.
Can desertion be a ground for divorce? Living separate for 3 years? If it requires living separate for a some more years I can wait.. but I dont want to get into legal cases that never end.
Yes desertion can be a ground for divorce, but remember even this is a contested divorce hence you may have undergo the same ordeal or stressful situations.
I can appear in court once for giving evidence but not every now & then.
In family courts, the parties appearance will be expected by court on all dates of hearing, alternately, you can execute a special power of attorney in favor of any close relative who can appear to represent you during your absence in the routine hearings and you can appear in person during the important hearings, i.e., deposing evidence and for cross examinations.
@Advocate Kiran R Murthy suggests to file a case abroad & not in India. Is it possible? I will be a resident of a European country next year, so can I file a case for divorce there even if my marriage is registered in India?
Yo have to verify the laws of the country you intend to settle down at abroad. In general the country will accept the divorce petition only when both have together for some time in that country but you can check this clause in that country where you plan to settle.