You can also file for divorce
both cases would be clubbed together
Disposal would depend upon pendency of cases in family court
Divorce
My wife had filed a divorce case in November 2022 in Jalandhar, punjab. I am living in the Netherlands , after marriage me and my wife had a discussion to move back to India but she refused to go back, from then she started abusing me and her family started mistreating me. then suddenly one day she left the Netherlands and started working in other country without informing me. Then she filed a divorce case in India and till today my lawyers and my family tried to discuss the matter with them but they refused every time. Suddenly Now they said they want to sort things but now I don’t want to settle things and need divorce. What things can I do to speed up the case ? My lawyer said we cannot do anything as they have filed the case and has more power. Can I apply for unilateral divorce now ? Or anything I can do to get a divorce from her. Currently the case has status ‘petitioner/plantiff evidence’ How long does the case continue if they keep delaying the process ?
Asked 8 months ago in Family Law
Religion: Hindu
8 Answers
You can only contest the case filed by her in India. You can file a separate case in Netherlands if you want but the decree will not be valid in India unburdened you validate it
It is not clear whether you have appeared in the divorce suit in India through your advocate or not.
If yes then you will have t wait till it is decided.
If not appeared then you can file divorce suit in Netherlands where getting divorce is relatively easier and expeditious.
If you too have decided to get divorce then you either have to compromise with her to file a divorce case on the grounds of mutual consent by withdrawing her divorce case or you can remain absent from participating in her divorce case, then you will be set exparte.
Once you are set exparte, she will get an exparte divorce, this will solve your purpose by not going to the court.
It appears that you have already filed a divorce petition against your wife, or its vice versa. Contested divorce, takes time as it is a akin to a regular suit and has a various legal stages. Your best bet to expedite this, is to arrive at some kind of a truce with your wife, and convincing her for mutual divorce upon payment of some alimony to her.
If you and your wife agree, you may file a petition at the proper court for a divorce by mutual consent, which may be a quicker process. In that case, she needs to withdraw her unilateral divorce petition first.
Dear client, as she have filed for divorce you can now in court agree for the divorce. And you cannot make it as unilateral divorce as she has been already filed the petition for divorce. The case can be disposed according to the participation of the parties in the trail and producing of evidence.
- Since, your wife has already filed the divorce case before the family court in India, then on the same cause of action no another case can be filed by you.
- However, you can opt for mutual divorce even during the trial of the said case.
- Further, as the matter is fixed for her evidence , then it will not take much time to finalize,
- Further, you can approach the high court for directing the family court to finalize the case within a fixed time frame.
