Question:

How to get a divorce easily in India?

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How to get a divorce in India easily?Mutual consent may be option, but my husband does not want a divorce.He is laid back person and I don't like anything about him. I can't stand him any longer. I want to end this and don't want to trouble anyone. What should I do? Help me if you can. Thank you.

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7 ANSWERS


  1. Consult a good lawyer in your area:  


  2. Why did you marry him?

  3. they have no indoor plumbing in india, why would anyone want to get married there?

  4. Make another M friend, yr hb will leave u him self.

    & ask u for divorce.


  5. Surgery may not be the only available option for all the ailments, isn't it!

    If you can't change your fate, - change your attitude.

    Try to heal the inconvenience by any other possible means, & keep this option in abeyance.

  6. By mutual consent.

  7. I was going through your two years old history with regard to your Ex-boyfriend who left you for another girl came back but in the meantime your marriage with this present husband was arranged by your parents. You consented to this marriage but could not forget your previous boyfriend, always missed him & wanted to go back to him. You never had any affection for your husband & all his habits troubled you. You have been married for about 10 months or so & want to dissolve this marriage. Your husband is not agreeing for this. You went to US after your marriage which was solemnized in India & hence in order to dissolve this Marriage two important issues have to be taken note firstly since this marriage was solemnized in India according to Indian Matrimonial Laws hence this can be dissolved by decree of divorce issued by the Indian court of competent Jurisdiction. Secondly since according to both Hindu Marriage Act,1955 & the Special Marriage Act,1954 no petition for divorce can be presented within first year of marriage hence you will have to wait for this first year of your marriage to complete. Now as far moving for divorce by mutual consent jointly by both of you in the Indian Court is concerned for that both of you will be required to be present in person for this procedure on the first date of hearing/first motion as well on the second date of hearing/second motion after six months or more period, for this reason you both will have to come down to India during both these dates & get this divorce by mutual consent. Now what I can make out your husband will not be obliging you for divorce nor he will be willing to spend money for coming down to India twice in a year for this legal formality I discussed above, the second way out is that to convince him to agree for divorce from you by not contesting any divorce petition which you file in India on any of the available grounds for unilateral divorce. On his doing so, when you file any divorce petition for divorce against your husband in Indian Court for say the reason of cruelty, a summon to appear & defend the petition is properly served on him in USA & when he fails to mark his appearance in person or through his counsel in the Indian Court then the court shall proceed Ex-parte against him, record your ex-parte evidence & pass the decree of divorce in your favor. This is how you not only get your marriage dissolved conveniently but even in a short period of time. Give a though to this & discuss it with your husband. I will not suggest you to file for divorce in USA court if your present Indian marriage is not registered according to US matrimonial laws as you will be bound by this marriage in India even after getting decree of divorce from US court if that decree has not been within the provision of section 13 of the Civil Procedure Code & the well established principles by the Supreme Court of India. Always remember the basic principle when married in India according to Indian Matrimonial laws then dissolve the marriage in India according to the Indian matrimonial/divorce laws by Indian courts only.

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