Legal Question in Family Law in
Hi,
I am an Indian women , married to an Indian guy now settled in UK. we have been married for 16 months now , under the special marriage act 1954. Things have been terrible from the very beginning with many instances of physcail abuse and such.Now we are living seperately for the last few months.i want to file for a divorce. My partner agreed to come to India and file for mutual divorce initally , now he is saying that there is no purpose coming to India and is refusing to do so . What will i do in such a situation. It is impossible to live with this man.I would have prefered that the divorce be filed under mutual consent. but now if i have to file a petition in India , considering he is here in UK, how difficult is the process going to be especially if he fails to respond to the petitions ? WHat course of actions should i take here on ? Please advice
3 Answers from Attorneys
even though he is in UK, it would not be very difficult serving him the summons as the same may be served through indian embassy/consulate in UK. you may file the petition for divorce on the grounds of cruelty and desertion. you may also seek maintenance.
Yoy can even then file the divorce petition here and get the notice served through Embassy. You can also claim for the maintanance and for the return of goods given in marriage.
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DEVANSH BHARDWAJ
ADVOCATE
LUCKNOW
you can file petition for divorce but before that try convincing for mutual divorce.