Divorce - Information

hello everyone i just want some informations about getting divorce my husband is indian and im filipino we get married in india. i am now in the philippines. what are the procedure of getting divorce in india and if its possible that i will not come to india during the process of the divorce, and is it possible that i will only sign the divorce paper here in the philippines. that i dont need to come to india for that???.

please i hope somebody can tell me this information,. its really important for me to know so please help me. and thank you in advance for the help.

I don't actually know about international divorce (and I hope I don't ever) but an Indian friend of mine got divorced last year, where she and her husband live in different states. The papers were filed in the city where they had done the marriage. She had to go there two times, to go to the court and sign papers, etc. She did not want to go and did not want to face her ex there, but there was no way around it. She had to go there twice.

I hope there is a mail-order divorce option for you.

There is no Mail Order Divorce in Indian Marriage act.

Please answer the following questions..

Please specify if your marriage is registered in India and in Phillipines?

Did you go to the registrar office in India or if the registering authority came to the premises of your wedding and registered your wedding?

Did you and him both sign any register recording your wedding?

Were you issued a marriage certificate by the Government authorities?

If your marriage has been registered, then you have to come twice to the Indian Courts.

Once for filing the mutual consent petition and once more to get your divorce issued.

This will happen in two visits provided

1. Your husband does not raise any issue during the divorce proceedings.
2. There is no children for both of you
3. There is no property attached to the wedding
4. There is no money or settlment attached to the wedding.

Please answer the above questions and I will guide you suitably.

You cannot be a lawyer!
All good advice without any fees

what about ex-party divorce, bs prasad ?

in this scenario...
she is abroad.
'husband' files for divorce and informs her by registered post of the same.
'husband' informs her by registered post to be present in court for the same.

after 3 registered-post notifications to the 'wife'
when there is a no-show by the 'wife' and/or no correspondence on the same from her -
is not an ex-party divorce granted and is valid ?

this of course - if there're no custody rights of children being contested.
but even then - custody rights is a separate issue, is it not - from and ex-party divorce ?



:brishti

Let me answer New Traveller and Brishti,

Yes, I am a lawyer by qualification, But not by profession.

Brishti: Ex party cases can be done only if the party does not respond to your letters. Today even E-mails are accepted.

Even if she / he is abroad, you need to prove beyond doubt to the court that there was no response from the other party.

Family courts does not take very easily the absenteism of either party. This is not a civil or criminal case where you can pray for Justice or adjournment. Since its a family issue, court will wait and they will re-start the proceedure all over.

If both the parties are mutually accepting to seperate, things are better. You dont even need two lawyers. One will do. Six months from the time of filing, you will be issued a divorce.

But the biggest question is Did this marriage was registered or not? loveanime18 should answer that.

true.
the court does specify the 'time' allotted for a 'no response'.
like i mentioned - notification has to be registered posted - thrice
a time interval is specified by the court, between the notices.
one cannot keep waiting indefinitely for a response from the 'other' party - and the court recognizes that.
... and with courier delivered-signed-stamped verification nowadays - the process is faster and easier.


the reason am mentioning an ex-party divorce is... coming all the way from the philippines is a PIA, apart for expenses - for one signature.
if wanting divorce is mutual - an ex-party would be convenient, wouldnt it ?

one lawyer - and usually 6 months for an ex-party divorce.
but - a good lawyer is imperative - to plead the case, and get the divorce decree done.

good lawyer, dont necessarily mean - sackfuls of moolah - not always

:brishti

Ex party means not only the Client. Even your lawyer can move a motion asking for a new date. In family court you are allowed to ask your lawyer to file for a adjournement. In civil and criminal courts there is a number of times you can push your case. But in Civil Court...

Judges will change.
Judges will go on leave.
Courts will declare summer holidays (Except for special leave petition and Special Public Interest Litigation. Herbeus Corpus etc..)
Lawyers will not come.
Clients may not come.
Lawyers will plead that their client is not well and they need a new date.
Clients will plead that the lawyer has not come.
Lawyers will ask for more time to submit documents
Defense side lawyers will ask for more time to verify the documents submitted.

and the list will go on. Now you should know why I dont practice.

In most the cases where the lawyer and the client or any one party is missing, the dawali(Court Convener) himself will give you a date even before the judge comes in. The cases where both the parties are present are only taken for further proceedings for the day.

I have seen a divorce case going on for nearly 28 years Brishti.

That too it was for nothing. The lady kept pulling it and pulling and can you believe a high court judge in Hyderabad got so pissed with their attitude and threatened the woman's family to appear on the court and closed the case.

I was closely following this case as he is a relative (Uncle) of my school mate. That woman married someone after this and moved to US whereas this man lost most of his youth and lives a miserable life in chennai.

Where is loveanime18 anyway...I think we are hijacking her post...Aren't we..?

Herbeus Corpus --- is that when you file a suit demanding the plant be produced?



(One for the Great Typos of Our Time collection )

loveanime18 has been back, according to her profile, so I expect and hope that she benefited from the advice given by you and Brishti

I'm curious. Generally, countries recognise each others' marriages: Do they not recognise each others' divorces? For instance, surely a couple, married in a registered Hindu marriage in India, but now citizens for decades of some other country, do not have to return to India to divorce?

See the ill effects of not practicing what you studied

Nick: I meant Habeas corpus.

Marriages are recognized across countries only after legal registration. The same way, divorces are also recognized only after legal registration.

What you said is right.citizens for decades of some other country, do not have to return to India to divorce. But in loveanime18's case the man is a Indian Citizen.

If you are married under hindu marriage act 1955, you need to get your divorce issued by a court of law which has the rights.

Hi

Iam a British national married to an Indian national for the last 6 years. Unfortunately we have come to the point where we accept things are not working and wish to initiate divorce proceeding.

I am highlighting key details of the situation below:

- We were married in India under the Special Marriage Act. The marriage was only registered in India and not the UK.
- I am no longer working in India and am in fact working in the Philippines
- I have no valid visa to enter India anymore (I was working on an employment visa which has since expired)
- There are no dependents or assets in India or the UK

Is anyone able to offer any input or advice on how we can divorce ex parte? I have reservations about returning to India to compete the proceedings.

thank you for any help offered

@loveanime18

So far I understand this is travel and tourism forum. Not a divorce suggestion forum.

--- but there is a whole section devoted to marriage and associated visa matters. I guess divorce could show its face there too.

Perhaps the moderators would move this thread?

Done.

I presume you have a certified Marriage Certificate ? You can file a divorce in your home state as the SMA marriage is recognized. It is perfectly common place to file in another country. Just consult your local lawyer. There might be other issues which could be Philippines specific, that might not allow you that luxury.