Legal Question in Family Law in India

divorce

Dear Sir,

1.I am currently residing with my husband in Saudi arabia since 4 yrs. We are married for 9 yrs and ours is love marriage and the marriage was with parents consent and is registered.

2. Recently my husband went on a trip abroad and invited his chat girl friend to meet him there. they stayed together 3 days and had physical relation.My husband has confessed to this.

3. Till day we had a very good relation and stayed happily. my husband is good save this mistake. However the trust is broken now.

4. I have only 50000 rupees in my name and do not want anything from my husband.

5. I am planning to fly back to india and stay as a paying guest till i find some job.I do not want to tell my parents till i get settled with my job about all this since my father is very sensitive and also i dont want to tell about my husband to anybody, I love him very much and cant bear to think of any stigma attached to his name.

6. what is required to file a divorce? Can I file for divorce as soon as I come to india? Does his presence required for filing etc?ie for initial stages.

7. I dont want any money from him or anything else. We dont have any chil;dren.


Asked on 7/21/07, 7:00 am

11 Answers from Attorneys

Prabhat Shroff Shroff & Company

Re: divorce

No, you do not require your husband's presence to file fopr divorce. You may file for divorce on grounds of adultery/cruelty and do so when you return back to India.

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Answered on 7/21/07, 7:24 am
rajeshwar sharma rajeshwarnathsharma

Re: divorce

You may file divorce case on the ground of adultry and cruelty against your husband. For filing the case of divorce presence of your husband is not required

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Answered on 7/21/07, 8:25 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: divorce

good evening

well in this case presence of your husband is not necessary. you may come back to india and file a divorce case on the grounds of cruelty and adultery

take care

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Answered on 7/21/07, 8:27 am
G. M. Gupta gmguptaandassociates

Re: divorce

My husband has confessed to this

Till day we had a very good relation and stayed happily. My husband is good save this mistake

Also I don�t want to tell about my husband to anybody, I love him very much and can�t bear to think of any stigma attached to his name

______________

First of all why u dint have any children till now..... Anyway this has no relevance to the thing I am saying to u.

YOU seems to be taking life in the light way... life is too hard and thank your god that you have seen just one hard part. I know when u have not seen hardest of life then even this much is unbearable but I am suggesting you to stop even thinking of separation.

Those lines show that u have immense love for ur husband and he too has love for you but for one mistake.

Nothing has happened so bad... he told you what happened and that shows his truthfulness for u. if he would not have told you then what would have happen. You must value his truthfulness.

You love each other and human nature can be erroneous so be a little bit adjusting and with your love take promise from him not to do it again.

Why don�t u think that why he even thought about anybody else... that is ur fault... don�t let him think about anybody else.

You will not get true love again and if you once find love.... never never let it go off in any circumstances. Females have become lesser tolerant which is against nature..... I strongly suggest that you don�t break ur home

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Answered on 7/22/07, 1:20 pm
Nandita Haldipur Haldipur Associates

Re: divorce

you can file case on the ground of adultry. for this his presence is not required. you can both also filed a mutual cosnent divorce petiton

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Answered on 7/21/07, 10:08 am

Re: divorce

Yes you can file divorce on reaching to India and for filing divorce case the presence of your husband is not necessary but if you go for divorce by mutual consent then the presence of your husband or his attorney is must at the time of statement of parties.

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Answered on 7/21/07, 12:45 pm
kavitha balakrishnan kpp associates

Re: divorce

as you have stated you had fallen in love and than married! that is nice. and marriage is still more wonderful!

is your husband still having or continuing his relationship with his girl friend? or is he not?

consider the facts and once again finalise. people commit mistakes, fraud, cheating etc., but mistakes needs to be corrected and repented for seeking forgiveness!

forgiveness is accepting the mistake and the wrong doer!

i know it is hard but still may be it would be worth it!

if you still want to go ahead with divorce consult a lawyer and file a petition - only consent/mutual divorce requires both the parties presence!

(REMEMBER)GOD! help me to change the things i can and to accept the things that cannot be changed!(- it is a part of a small prayer .. just to help you out!)

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Answered on 7/24/07, 12:08 am
Vishwa Johri Johri & Associates

Re: divorce

Yes u can file divorce case, Presence of ur husband is not required while filing the case.

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Answered on 7/26/07, 10:54 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: divorce

you may file the divorce when you reach here. you didnt mention which place in india you belong to. you must make up your mind regarding permanent alimony and maintenance that your husband is liable to pay. you would be committing a mistake if you leave him without financially securing yourself. where is he working in saudi. once you reach here, how do u plan to get your maintenance and other expenses. you may get in touch with me at 9811284735 (Delhi) and explain the entire situation.

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Answered on 7/24/07, 6:26 am
Alok Sharma Alok Sharma & Associates

Re: divorce

You seem to have made your mind still i suggest a rethink. It has been 9 years you said. He is a human being. You can always file a petition for divorce. But if you file it on the ground of adultry, you will have to implead the girl as well and i think it will be difficult for you to prove.For further consultation you can E-mail me.

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Answered on 7/22/07, 12:13 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: divorce

you can file a divorce after reaching India; his presence is not required; after summons are served upon him, and if does not contest or he chooses not to appear, you will get ex parte divorce.

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Answered on 7/24/07, 10:50 am


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