Legal Question in Family Law in India

if i get an exparte divorce is it valid?

my husband and i got married in india. He is not an indian citizen. now we are getting divorced and he is now in india to get this divorce. he says that i should apply for the divorce in the court here and he will not respond and i will get an exparte divorce. i need to know if this is valid. will i have problems later on if i get married again or something?

the second question i have:

he wants ME to apply for the divorce and he is not going to apply for it, though it is he who wants the divorce, why is he insisting on that. i am worried if there is some loophole in that and he can get some hold over me through me applying for the divorce.

Thanks.


Asked on 3/17/09, 11:42 pm

5 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: if i get an exparte divorce is it valid?

You should not apply for divorce. It may be a trick on his part. On the contrary, you may ask him to apply for divorce; and if you have reached an out of court settlement, you may decide not to oppose his divorce petition; let him obtain ex-parte divorce.

Advice : do not follow his plan. you may be trapped.

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Answered on 3/17/09, 11:58 pm
Ankur Mittal MITAL & MITAL Advocates

Re: if i get an exparte divorce is it valid?

Please clarify if u both are agreeable for mutual divorce.

Even otehrwisee, if a valid marriage had taken place in india, he can apply for divorce in India.

Please contact a local lawyer for detailed and clear advise after having gone through your documents and understanding your case.

Thanks

Ankur Mittal

Advocate

MITAL & MITAL Advocates

[email protected]

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Answered on 3/18/09, 2:09 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: if i get an exparte divorce is it valid?

you can better opt for divorce by mutual consent if there is at least separation period of one year.

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Answered on 3/20/09, 9:53 am
ujwala mandgi anantmandgi&associates

Re: if i get an exparte divorce is it valid?

if your husband is in India for some time file for a mutual consent divorce and move the Courts for urgency in the matter.

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Answered on 3/18/09, 6:47 am
Prof.Somnath Mukherjee s.mukherjee associates,09874053359

Re: if i get an exparte divorce is it valid?

As per my suggestion both husband and wife should file the divorce. You should not file the individually.

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Answered on 3/18/09, 11:12 am


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