Legal Question in Family Law in India

Hi,

For ex-parte decree the main point is whether the summons was served upon the husband. In your case, the respondent stays in USA, so you may direct the summons to his parents if they are staying in India. The second option would be newspaper publication with the permission of court. And the third option would be file a criminal case or harassment and dowry, and he will be dragged to India. In Your case, the better option would be try to serve the summons to the respondent, and get the ex-parte decree.

Regards,

Madam!

Please note that in case of a marriage under Hindu Law, the divorce is available under certain grounds including Cruelty, Desertion, adultery etc as provided under the law. One has to file a petition on one or more of these grounds. Service of petition is to be made upon the opposite spouse. Once served, the other party may appear and contest. Otherwise, the case would proceed ex party. So, ex party is just a procedure and not a ground. In case your husband does not appear and contest, the court will proceed ex parte. You still have to prove the ground of divorce, be it may cruelty.

As regards mutual consent is concerned, that procedure in your case does not apply as in such case both spouse together file the petition that they cannot live together as husband and wife.

If one year of seperation is over, you file your petition for divorce on the ground of cruelty - note that not responding to emails or mail is cruelty - and then serve through court on your husband. Service means that the letter of the court is to be delivered to him at his address. If letter comes back with the remark refused, then also the court consider it served. If letter comes undelivered then only court will suggest publication in local newspaper. He may or may not come to court. That is not to be worried about. If he comes fine and if he does not the court will proceed ex parte. In both cases you have to show cruelty to the court.

Has your daughter ever visited or stayed with her husband in USA ? What is his status in USA ? Is he on non-immigrant visa or a Green card holder ? You can inform about the criminal complaint to his employers etc.You have lot option for filing criminal complaint before the crime against women cell against him and his family members for demand of dowry and harassment etc.