after 12 years marriage, my wife left me coz she fell in love with another guy . she tooks everything from me, my daughters and my assets. it's been morethan 3 years I lost contact with her and my daughters. She lives somewhere in australia while am living in Saudi.
Please let me know how to divorce her without go back to India ? am ready to get married again, and it's not fair for my girlfriend if my status still somebody's husband.
2007-08-21 00:59:51 · 8 answers · asked by lifeshort 1 in Family & Relationships ➔ Marriage & Divorce
Now this is a legal issue which has to be dealt very carefully. Firstly since you are both Indians & must have married in India according to Indian Matrimonial laws concerning your religion or in the civil form which I’m not aware, but in any case the original jurisdiction to file a case of divorce in your case is definitely India & place where you got married or last resided together in India. There is an exception to this rule which is that you both can seek divorce outside India if you both agree to get such divorce according to the local matrimonial laws relating to foreigners in that country & summit to that family courts jurisdiction of that country. Here let me make things very clear that this decision to get divorce under those provisions & by that family court of the foreign country should be mutually agreed by both of you & there should not be any force or fraud or unnecessary influence used by either of you to get such divorce. The jurisdiction of the family court of the foreign country that grants you such divorce is also very important & it should be equivalent is status as in India, here the family court is of the District court level & so it should be in that foreign country. The third important issue regarding such cases is that such matrimonial law applicable to Indian foreigners in that country should be in consensus with the Indian matrimonial provisions applicable to you both, what I mean that these should not be such which are otherwise not applicable to you both as in India because of your religion or otherwise. Any decree of divorce passed by a foreign court shall be legally valid in India as provided under section 13 of the Civil Procedure Code, if the conditions as provided in this have not been infringed. Now coming to your problem that you stay in Saudi Arabia, first get the information from a local Advocate of that country if there exist any such matrimonial provisions relating to divorce for any foreigner in that country ,if yes then try contacting your wife & seeking her approval for such divorce. If you are luck on both these issues then proceed for the divorce accordingly keeping in mind the general rules applicable to such divorce I told you here. Just few days back one of my clients had taken divorce from his wife by mutual consent according to the local Iranian matrimonial law applicable to non Muslim foreigners, such matrimonial provisions exist in that country so does in other countries too like USA etc.
2007-08-21 02:48:36 · answer #1 · answered by vijay m Indian Lawyer 7 · 4⤊ 0⤋
if it has happened to u we r really sory but u should not give up to teach a lesson to her as she has ditched u by taking u r daughter and assets.U should immediately consult a good lawyer for this and will definitely get some solutions out of it and u can lead u r life peacefully with u r second wife after divorce.
2007-08-24 09:59:03 · answer #2 · answered by KRISHNA 4 · 0⤊ 0⤋
You have neither mentioned the place at which nor the law under which you were married, but your best course of action would be to seek guidance from Indian Embassy, presuming that you are a citizen of India.
2007-08-24 20:36:06 · answer #3 · answered by Anonymous · 0⤊ 0⤋
since u were married in india law in india [personnel law] would apply and its best done by mutual consent out of court settlement or u will never get a divorce in india for 20yrs,consult a civil lawyer .
2007-08-21 03:20:47 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Get a lawyer-but why would you need to go back to India if she is in Australia and you are in Saudi
2007-08-21 02:29:29 · answer #5 · answered by msijg 5 · 0⤊ 0⤋
Let her be. Don't get burned the second time. Being single is great for many.
2007-08-21 01:14:13 · answer #6 · answered by Barbra 6 · 0⤊ 0⤋
hire a lawyer
& since she left you, & its been 3yrs, i don't think if you have to go throw the paper work or going to court
2007-08-21 06:15:28 · answer #7 · answered by Anonymous · 0⤊ 0⤋
CONTACT ANY BEST ADVOCATE AND TAKE HIS ADVISE.
2007-08-21 02:40:15 · answer #8 · answered by RAMAN IOBIAN 7 · 0⤊ 0⤋