Legal Question in Family Law in India

I am 30 year old man. I got married 3 years back. My wife wishfully fled to usa to pursue her studies and our marriage is not consummated till now. I filed case for divorce on the grounds of non consummation of marriage, dissertion and cruelty. Her father who lives in india sent a lawyer to the attend the case. Now my question is what if girl doesn't appear in court then can her father or lawyer attend case on her behalf. If yes then how long they can prolong this case. What if she never turn up in court but her father Nd lawyer Attend the case what would court do in that case. If she appears in court then how ling will it take to get the decree.

Asked on 10/12/13, 9:47 am

2 Answers from Attorneys

Santosh Goswami,Advocate sure shot legal

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Firstly, you made a mistake by filing a divorce petition. You should have filed a petition for annulment of marriage or both annulment and divorce in alternative. The duration and proceeding depends upon the fact whether her father has a GPA to represent her or not. Otherwise, case will run for years as in her absence no mediation would be possible which is a norm now a days.Exact duration can't be guaranteed.

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Answered on 10/13/13, 9:34 pm

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