• Divorce of a russian wife

Good evening,
I'm in a very complicated situation and I don't know how to go on anymore...
In 2012 I was marrying a woman from Russia. I married out of love but we both didn't find a way to bring together our cultural and religious differences (for example: she forced me to join her to jehovas witnesses, even I am Hindu). After few weeks she left back to Russia, returning after few months, leaving after some weeks...in short: we haven't been ever living as husband and wife. Since more than one and a half year we are officially not a couple anymore and I asked her for divorce. She returned to India in 2015, promising to give me divorce if I help her getting a "wife-visa". Because of the fact that we are not together anymore and that this is illegal I didn't accept in this. Finally after few months she accepted to join me to court to make a divorce. 
In Delhi we finally, after filling all the papers for divorce, we got sent to Rajasthan were I am originally from, because even we had been married in manali, divorce could be only done in my homeplace...this was after spending lot of money totally upsetting.
In Rajasthan we had been filling the documents for the "mutual divorce agreement" and I thougt that now everything is done. The visa of my "wife" expired few days later and she went back to Russia, promising to come back so that we can go to the second motion after 6 months. But now we got told that this kind of divorce is not working for western/indian couples and that we have to make everything again!
Is this correct? And what I can do if she is not returning? We already spend lot of money for this divorce and somehow we don't get out of this...After Delhi, now also our "second divorce" didn't work out and she is now asking me again to send her an invitation letter for her next visa, otherwise she cannot come (or at least stay until the 6 months of divorcetime are passed).
What possibilities I or we have?
I'm thankful for any help and advice - I really don't know whom to trust anymore and I just want to have this divorce to go on in life and find a good wife, family, future...But like this I'am stuck.
Asked 8 months ago in Family Law from Germany
Religion: Hindu
First you have to understand whether your marriage had done legally? 

Registration of marriage is a mode of proof of marriage. In India, a marriage can be registered under either of the two Marriage Acts: the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954. In case a marriage between an Indian and a foreign national is to take place in India, the marriage has to solemnize under the Special Marriage Act of 1954.Generally it is required to file a notice of intended marriage with a Marriage Registrar of your choice in India. That notice is required to be published for the stipulated 30 days. At the end of the 30 days the Marriage Registrar is free to perform the marriage.If one partner is residing in a foreign country then the partner who is resident in India will have to fill out the “Marriage Notice”  collected from the Marriage Registration Office of his/her choice in India and send it to his/her partner in the foreign country who will also have to fill it out. This “Notice” should then be sent back to the partner in India who will have to re-submit it at the Marriage Registration Office. After the stipulated waiting period of 30 days the marriage can take place in India. Under the Special Marriage Act, 1954 a certificate showing the signatures of the persons married, the registrar and the witnesses will be issued. This Certificate is required as proof of the marriage and when applying for a visa to for a foreign country. 

If you have a valid marriage certificate then you can get a divorce from Court. Other wise legally you have only live in relationship with your wife .

Divorce allows a person to break free from an onerous marital relationship. But since marriage is not merely a contract but a very important societal institution. The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear.  Since society in countries like ours takes special interest in protecting it – In our country to get a divorce one needs to prove certain grounds for eg : cruelty/adultery/desertion etc.  Known as matrimonial offences.

Divorce by Mutual Consent is the easiest way to get a divorce, in this both parties work out their terms on which they agree to part ways- file petition in the court, which is finalised in 6 months. However there may be cases where the decision to part may not be a mutual one, and it is only one party who considers the union to be troublesome and worth getting rid off. Such situations lead to Divorce being contested.

For getting a mutual divorce you have to file a petition under section 28 of the Special marriage Act, 1954, if your marriage had  been solemnized under the provisions of Special Marriage Act of 1954 or The Foreign Marriage Act, 1969 .The petition was filed before the court which under the jurisdiction of last residing place where living as husband and wife or registration office where the marriage was registered.

The Special Marriage Act, 1954 under Section 28 which states that.-
A petition for divorce may be presented to the District Court by both the parties together on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

Secondly on the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to it in sub-section (1) and not later than 18 months after the said date, if the petition is not withdrawn in the meantime, the District Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnised under this Act, and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of the decree.
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
Mutual Consent is the easiest and fastest way to get a divorce in India.
Procedure for mutual divorce: 

In all there are two court appearances in a mutual divorce
1.	First A joint petition signed by both parties is filed in court. Secondly In the first motion statement of both parties are recorded and then signed on paper before the Honourable Court.
2.	Thirdly The 6 month period is given for reconciliation, (the honourable court gives a chance to the couple to change their mind)
3.	Fourthly 6 months after the first motion or at the end of the reconcile period if both parties still don't agree to come together. Then the parties may appear for the second motion for the final hearing.
4.	Divorce decree will be granted as the Honourable Court may deem fit.



Formalities to be complied with

(a) A petition is to be presented jointly by the parties to the marriage.

(b) The parties have been living separately for a period not less than one year. It is doubtful whether it was intended by the legislators that the parties have lived separately by mutual consent or by force of circumstances or situation.

But it does not seem necessary for the court to go into that matter provided the condition of separate living under the same roof of matrimonial home or in separate residence by the parties is satisfied. Unless the consent of any of the parties to such petition is vitiated by coercion, fraud or undue influence, the court ought not travel beyond the statutory condition of its jurisdiction.

(c) The parties have failed for any reason whatsoever to live together. In other' words, no reconciliation or adjustment is possible between them.
(d) The parties have freely consented to the agreement of dissolution of marriage. 

(e) The parties are at liberty to withdraw the petition. It seems that the petition may be withdrawn even at the instance of one party in course of six months from the date of presentation of the petition. But when a joint motion is taken by the parties after the lapse of six months but before the expiry of eighteen months from the date of presentation of the petition for making inquiry, the unilateral right of a party to withdraw the petition appears to be barred. But in Sureshta Devi v Om Prakash it has been held that a party to a petition for divorce by mutual consent can unilaterally withdraw his or her consent.

(f) The court must be satisfied as to the averments in the petition after making inquiry and after hearing the parties which are initiated by a joint motion of the expiry of six months from presentation of the petition. The expression "after hearing the parties" appearing in sub-section (2) of section 28 of the Act does not require the presence of the parties before the court. Affidavit-evidence is sufficient for this purpose by virtue of section 40 of the Act which attracts the ­ Code of Civil Procedure 1908 and which provides in Order 19 for proof of any point by affidavits.

Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
Annulment is a legal procedure for declaring a marriage null and void.It is mandatory to be filed within one year of the marriage or 1 year from the date when the fraud came into light.The time taken depends on the co-operation from other party.The process of annulment is same as other case like divorce .

 A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met then the marriage is considered to have never existed in the eyes of the law. Thus unlike divorce, it is retroactive: an annulled marriage is considered never to have existed.

Conditions of the annulment of the marriage are:

a.     The marriage has not been consummated ( no sexual relationship has occurred between the husband and wife)

b.    It should not have been in the prohibitive relationships (Husband and wife cannot be as brother and sister, like first or second cousin, or through same father and different mother etc., unless accepted by the caste)

c.     This marriage should not have happened through fraud or force and without the consent of both the individuals to the marriage.

d.    The marriage should not have happened through the concealment of the facts. (like either parties were married before and later divorced, or have a child through previous relationship)

e.    The parties of the marriage should not have the contagious disease which cannot be cured within the specified period of 1 year.

f.      The parties of marriage should not be impotent or have the disease which can be unable to bear the family.

g.    The parties of the marriage should not be of unsound mind.


Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
If the marriage is solemnized in India coupled with the Indian nationality of either spouse then MCD can be filed in India. If she does not attend the final motion the court cannot grant MCD, which leaves you with the only remedy to file for contested dissolution of marriage. 
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
The waiting period of 6 months can be waived only by the Supreme Court of India. Blackmailing gives you the remedy of applying for contested dissolution and not annulment. Consult a lawyer personally with complete background facts.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1)you have not mentioned how  your marriage was solemnised in India 

2) did she convert  to hinduism?

3) was marriage solemnised under Hindu vedic rites? 

4) did you marry under provisions of special marriage act ? 

5) was marriage registered? 

6) we need detailed facts of your case to advice . 

7) in addition kindly reproduce court orders passed by Delhi / rajasthan family court 

Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1) divorce by mutual consent is best option 

2) your wife can execute POA in favour of relative to file for divorce by mutual consent 

3) if wife has come to India for filing for divorce and it is not possible for her to come to India for second motion she can convey her consent by video conferencing 

4) your lawyer will do the needful 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Since your marriage is performed in India, Indian laws will apply.  You cannot waive that 6 months time.  It is very much mandatory as per the Indian Divorce Act.  You have no other way except to convince her.  You pay some amount to her and get the mutual consent done. 

If she does not heed to your request, you can file a normal divorce petition stating the reasons of cruelty, non consummation (no sexual enjoyment).  Show the court the proofs you have collected how she is blackmailing you for getting wife visa and also tell the court that she is demanding huge amounts as a bribe to give mutual consent divorce.  Though it may take time, you will get divorce.  Contact me through Kaanoon.com.  Serving notice to a wife residing in abroad is a big task.  If you are interested, I will find out a way.  
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
since your place of marriage is in India, Rajasthan and Manali, but you currently stay and work in New Delhi, if this is correct, then you can file for divorce in New Delhi where you are currently residing and working.
This divorce can be filed by you on grounds of desertion, your wife not staying with you. This will not take long to get because she will not respond to the court notice/summons issued to her, you can proceed ex-parte and you will be able to get divorce quite easily and without any contest from your wife.
Discuss this with your advocate and file this petition at the earliest.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
52 Consultations
5.0 on 5.0
1. Your statement "But now we got told that this kind of divorce is not working for western/indian couples and that we have to make everything again!" is not clear. 

2.  Under which Act, did you marry? Was it as per Special Marriage Act? If yes, then why you were refused Mutual Consent Divorce?

3. If you have married as per Special Marriage Act or HMA in India then you are entitled to file MCD application and avail decree of divorce in India,

4. If you have not married as per any Act of India, then you are not married at all legally in India for which you need not take any divorce.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. You shall have to inform why your MCD application did not work in Rajasthan & Delhi,

2. Under which Act both of you got married?

3. If your marriage is not a valid marriage as per law, then you can not file a divorce petition,

4. If you have got legally married in India, then you can certainly file a MCD petition and avail the decree of divorce after around 6 months of its filing.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0