Is it possible to file for divorce in India without the other spouse being present in court?

Apni Law
Apni Law
Law Forum › Category: Divorce › Is it possible to file for divorce in India without the other spouse being present in court?
Vote Up
160
Vote Down
Apni Law Staff asked 5 months ago

Is it possible to file for divorce in India without the other spouse being present in court?

1 Answers
Vote Up
15
Vote Down

Best Answer

Apni Law Staff answered 5 months ago

Yes, it’s possible to file for divorce in India without the other spouse being present in court. The process involves serving the divorce petition on the other spouse and proceeding with the case even if they choose not to appear.

You Might Also Like

My brother, who lives in Latur, Maharashtra, and I are facing a difficult situation. His wife left our family home six years ago, taking two of their children with her. Despite several attempts to resolve the issues, we haven’t been able to bridge the gap. She now wants to sell our family property and move back to her hometown with my brother, a decision he’s against. Two years ago, we filed a legal case in Latur court, but it was dismissed due to lack of response from her side. I’m seeking advice on how to navigate this family dispute and find a solution.

My son had a love marriage in a traditional Mandap ceremony, followed by a legal registration in February 2012. However, eight months later, she started arguing with us, instigated by her mother, and left with my son. She refuses to let us see her or provide any financial support. We are retired and have no regular income. She is now three months pregnant and employed in a state government department. After the delivery, she plans to live with her mother and wants no connection with our family. My son is hesitant to confront her. Can he claim custody of the child after delivery and seek a divorce if she refuses to join us?

My wife found screenshots of me talking with other women on my phone. She accessed it by guessing my password even though it was locked. She won’t let me see her phone or her mobile bill. How can I prevent her from causing further damage, especially to our family and our rented apartment?

My wife filed a 498A case against me and my family back in 2006. We eventually reached a settlement in the Allahabad High Court in 2008 to resolve the situation. The agreement mentioned that we would live separately without pursuing a divorce, keeping our child’s best interests in mind. It also stated that we would remain separated until we mutually decided otherwise, without specifying a time limit. I’ve been making monthly payments as agreed. I’m wondering how this agreement is legally binding under the Hindu Marriage Act. What is my legal status considering these circumstances?

Can a woman who received a lump sum payment after a mutual divorce, where she agreed not to seek maintenance, still ask for maintenance under CrPC 125 in the future if she stays unmarried? Is it against public interest to require a written agreement from her stating she won’t seek maintenance?

Share This Article
Previous Article My girlfriend and I are ready to get married, but she wants a temple ceremony instead of a court or Arya Samaj marriage. Would this temple marriage be legally binding, especially if her or my family causes trouble later? We’re planning to have witnesses and record everything on camera. Is that enough for legal recognition?
Next Article My grandfather had four brothers. All the family property is now registered in my eldest grandfather’s name. How can this property be legally distributed among my uncles and father?

Follow US

Find US on Social Medias
Popular News
- Advertisement -
- Advertisement -
Ad imageAd image

📢 Stay Connected!

Join our community on Telegram and WhatsApp for instant updates, news, and exclusive offers.