I think the divorce that is obtained in this case is termed as Ex-partee divorce as the other partner has not responding to the summons.?
Any exparte divorce obtained outside India is not recognised as valid divorce as per Indian laws..
I read that in India also Ex-partee divorce is granted if one of the partner does not respond or participate in the divorce proceedings. What i understood that the divorce obtained from abroad can be valid in india if it has been obtained acording to the Indian laws. Could you please correct me in this regard.
A exparte divorce obtained in India for the marriage solemnised in India, it is valid and that can be considered as a valid divorce, whereas an exparte divorce obtained in a foreign country is not valid in India as per Indian laws.
In Europe there is no divorce based on cruetly or a contested one. The other way the divorce is granted if the partners are deserted for more than 2 years. I see that this is also one of the laws in India. I wanted to know if the divorce in europe is obtained based on this will it also be valid in India.
Again if it is an exparte decision, it may not be valid in India, in India his grounds are applicable it doe not means that the divorce rules will be same to that of a foreign country in India.
The possibility that i have is to apply for contested divorce in India based on mental cruelty. Could anyone elaborate how to proceed with this process, how much time it could take and what are the things that are required. Since i live abroad there is also problem with my physical presence. In that case i need to appoint a lawyer, give a PoA and bear the expenses.
If you have decided to apply for divorce o mental cruelty in India, you have to draft the pleadings with the averments abut all those happened to you which caused you mental cruelty. You cannot file a petition for divorce without any reason. You have to state the reason for divorce, which can be contested/objected by the respondent/wife if she opts to fight back and denies your allegations.
For applying for divorce, you may appoint a POA agent from any of your close relatives and through him/her you can engage a lawyer who will plead your case. This way you may not be required to appear for the case on each and every date of hearing, you may choose to appear on the important events like deposing evidence fro your side and for subjecting to cross examination. The litigation expenses are to be borne by you whether here in India or at abroad. You have no exemption from it.
Could anyone of you please assist and guide me if there are other possible ways to get seperated in a good note without affecting anyone as my wife have chosen to be silent and live her own life. I am also now not interested to communicate with her further.
The happy ending will be through divorce on mutual consent only, if you are not interested to communicate with her on this note, you have no other option than to go for contested divorce alone. You have to decide after analysing all pros and cons this regard.