Can I file a divorce case in Germany too if I have already filed a case in India Can I file a divorce case in Germany too if I have already filed a case in India

1 year ago

I have filed for a divorce case against my husband in India in July 2021 last year. We both live in Germany but since the marriage was registered in India I thought it would be better to file it in India. However, he has not replied to any of court notices or appeared for any hearings. The Court says that if he does not respond it may take a very long time to give a verdict. In this case, can I withdraw my case in India and file a case in Germany?

Anik

Responded 1 year ago

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A.Dear Client
It would be better if legal proceedings takes place in India and on the other hand if after serving of summons party did not appear court gives 3 chances. After that party needs to give a strict answer in the court for not appearing in the court but if did not took place then matter would be at your side.
Hope it helps.
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Advocate Simi Paul

Responded 1 year ago

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A.Hi client,

If the other side is not appearing the Learned court will give fair chance to the other party via summons. Minimum three times a chance is given.
Your advocate can pray for short dates. An exparte order will be given in your favour.
It is advisable to get the divorce from India as it was done here under the Marriage Acts prevailing in India.

Thanks and Regards
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