Partner moved abroad and not responding. What to do next?
3 years ago
Hi. My partner and I got married in Chennai in Sep 2018. My partner is an OCI & an Australian citizen. Our marriage was registered in Chennai as per Hindu law. 5 months into the marriage, my partner left to Australia for a routine trip to spend time with her parents. We started having a lot of issues and she demanded me to leave my widowed mother, stable career & family in Chennai and move to Australia. I went through a lot of mental abuse from her side and she and her family started firing blatant accusations on how I didn't treat her right in the marriage. Her parents came to Chennai in June 2019 to push their agenda and compelled me to move to Australia. I refused and they left back to Australia and since then they have been ignoring my calls and messages. I finally sent a notice to call for divorce on mutual consent through a lawyer early this year. They responded mentioning that they will come to India to discuss once the covid situation gets better. I don't see this happening anytime soon and their intentions seem very unclear. They accuse me of mistreating their daughter but at the same time they do not want to offer divorce and want me to move to Australia to live with their daughter. I am stuck not knowing what to do next. I have the below questions
1. Can I send a legal notice calling for divorce to them to Australia? How will the court handle my case given that my partner cannot travel to India anytime soon?
2. What is the best course of action for me to take given my situation?
Ankur Goel @ Complete Law Shield
Responded 3 years ago
Hope this clarifies,
Advocate Ankur Goel
(Complete Law Shield) #YourLifeYourChoice
Note - This is just a small advice and final advice can be given only after going through your case in detail .
It is better that you send a legal notice clarifying your intention of divorce on mutual basis. If the matter is not resolved amicably then file a case in the court for annulment of the marriage.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
You can send a legal notice stating your intention for divorce and then file a petition for divorce.
You have to approach police preferably higher police officers.
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DIYAVARHUSSAIN SHAIK
Responded 3 years ago
As per your inputs you need divorce from your wife who is in Australia, issue a legal notice to your wife again, then file a divorce petition in court
Kanchan Kumari
Responded 3 years ago