Desertion
4 months ago
I got married to an NRI who deserted me 2 years ago. Can I get divorce saying he deserted me? How long will it take for me to get the divorce? I have been under so much of stress because of this for past 2 years. Please help me.
A.Dear Client,
Dissertation is a valid ground for divorce under Hindu Marriage Act. Also, there are seperate guidelines mentioned under HMA for NRI divorce. Conditions for an NRI divorce are as follows:-
1. Both partners request an NRI divorce judgement in India.
2. During the divorce process, a couple files for divorce in India while living abroad.
3. One partner is an NRI while the other resides in India.
4. They are both NRIs.
5. One is a foreign national, while the other is an NRI.
Also, the procedure for the same is as follows:-
1. The parties must file a divorce petition with the court.
2. The parties must previously agree on a maintenance amount and custody of any children born from the marriage.
3. The case will be adjourned for six months from the date of the plea presentation, generally known as the first motion.
4. After that time, the parties are required to appear in court to affirm their divorce by mutual consent. This will serve as confirmation.
5. Any of the parties may withdraw or return the petition for divorce before the second motion and within six months. The divorce decree obtained from a foreign court must be enforced in India and may be ruled invalid if it does not meet the requirements set out in Section 13 of the CPC. It is not necessary to fly to India because the court processes can be handled by a lawyer using a power of attorney or by mutual consent. Another thing to remember is that even if the divorce is taking place abroad, it is best to choose a lawyer online who is familiar with Indian divorce laws pertaining to NRIs. An NRI divorce can be represented in court by a valid notarized Special Power of Attorney.
Thankyou
Dissertation is a valid ground for divorce under Hindu Marriage Act. Also, there are seperate guidelines mentioned under HMA for NRI divorce. Conditions for an NRI divorce are as follows:-
1. Both partners request an NRI divorce judgement in India.
2. During the divorce process, a couple files for divorce in India while living abroad.
3. One partner is an NRI while the other resides in India.
4. They are both NRIs.
5. One is a foreign national, while the other is an NRI.
Also, the procedure for the same is as follows:-
1. The parties must file a divorce petition with the court.
2. The parties must previously agree on a maintenance amount and custody of any children born from the marriage.
3. The case will be adjourned for six months from the date of the plea presentation, generally known as the first motion.
4. After that time, the parties are required to appear in court to affirm their divorce by mutual consent. This will serve as confirmation.
5. Any of the parties may withdraw or return the petition for divorce before the second motion and within six months. The divorce decree obtained from a foreign court must be enforced in India and may be ruled invalid if it does not meet the requirements set out in Section 13 of the CPC. It is not necessary to fly to India because the court processes can be handled by a lawyer using a power of attorney or by mutual consent. Another thing to remember is that even if the divorce is taking place abroad, it is best to choose a lawyer online who is familiar with Indian divorce laws pertaining to NRIs. An NRI divorce can be represented in court by a valid notarized Special Power of Attorney.
Thankyou
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A.Dear Client,
Sub-section 1 of Section 13 of the Hindu Marriage Act, 1955 presents the general grounds of divorce that are available to both the parties involved in a broken marriage and include cruelty, adultery, desertion, conversion, mental illness, communicable diseases, presumption of death, and renunciation of the world. etc. According to Section 13(1)(ib) of the HMA, if one of the parties to the marriage has deserted the other for a continuous period of two years immediately preceding the presentation of the petition, then that person can file a petition for divorce. Legal precedents have clarified the understanding of desertion as a ground for divorce, including the duration and intention behind the abandonment. For desertion to be considered a valid ground for one-sided divorce, desertion must have continued for a continuous period of not less than two years immediately preceding the filing of the divorce petition. If the respondent fails to appear or respond in the one-sided or contested divorce case, the court may proceed with a ruling based on the testimony of the petitioner. A contested divorce is more expensive and time-consuming than a mutual divorce. So, when there is no possibility of cohabitation and no scope of mutual divorce, you can file a one-sided/contested divorce petition before the appropriate Court praying for a decree of divorce. However, grounds for one-sided divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.
Sub-section 1 of Section 13 of the Hindu Marriage Act, 1955 presents the general grounds of divorce that are available to both the parties involved in a broken marriage and include cruelty, adultery, desertion, conversion, mental illness, communicable diseases, presumption of death, and renunciation of the world. etc. According to Section 13(1)(ib) of the HMA, if one of the parties to the marriage has deserted the other for a continuous period of two years immediately preceding the presentation of the petition, then that person can file a petition for divorce. Legal precedents have clarified the understanding of desertion as a ground for divorce, including the duration and intention behind the abandonment. For desertion to be considered a valid ground for one-sided divorce, desertion must have continued for a continuous period of not less than two years immediately preceding the filing of the divorce petition. If the respondent fails to appear or respond in the one-sided or contested divorce case, the court may proceed with a ruling based on the testimony of the petitioner. A contested divorce is more expensive and time-consuming than a mutual divorce. So, when there is no possibility of cohabitation and no scope of mutual divorce, you can file a one-sided/contested divorce petition before the appropriate Court praying for a decree of divorce. However, grounds for one-sided divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.
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A.Dear Madam,
Yes, you can get ex-parte divorce with alimony if he did not appear in your divorce case. Better to initiate the proceedings now itself as it may take more than one year provided the summons are served on him legally.
Yes, you can get ex-parte divorce with alimony if he did not appear in your divorce case. Better to initiate the proceedings now itself as it may take more than one year provided the summons are served on him legally.
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