Legal Question in Family Law in India

How to obtain divorce?

I have been living in Canada,but I am an Indian citizen.My wife have left me when I was living in India and never came back even after persuation.We have lived seperatly for three years,but I have visited her a few times at her home to see my son.I now want to immigrate to Canada,but she doesn't want to come with me.I am finally fed up with her and I want a divorce from her.I would highly appreciate if you let me know that:

i)How can I obtain a divorce from her without going back to India?

ii)How long will this whole procedure take?

iii)What is the difference between seperation & divorce?

Thanks.


Asked on 12/30/01, 12:53 pm

1 Answer from Attorneys
Prabhat Shroff Shroff & Company

Re: How to obtain divorce?

1. You may file for divorce in India, however when the petition comes up for hearing, you will have to be present in the court.

2. If the divorce is by mutual consent, it mat not take long, ususllay within 3-6 months. However, if it is contested divorce, the procedure is once you file the petition, it will not be taken up for hearing before a period of 18 months. Once it is taklen up, it may take an additional 24 months to be finally decreed.

3. Seperation (Judicial seperation) is granted by the court, where the marriage is not severed and the relationship of husband and wife subsists. While a divorce finally severs the relationship.

4. What about custody of the child ?

Read more
Answered on 12/31/01, 12:44 am


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