Hello, My husband just told me a week back that he wants divorce & he has another serious extra marital affair. I also don’t want to continue with totally unfaithful person and I am ok to give him divorce. For now I just want to go to my family back in India. He is saying either he can file & complete divorce process in US in my absence ( which I know he will do as he needs it badly) Or I can file for the same in India in his absence. For US we satisfy all conditions of Summary Dissolution. I am US Permanent Resident & he is US Citizen ( He has dual citizenship of India but I guess still he won’t be considered as Indian Citizen) Can he file in US & complete process in my absence ( Can he also apply for my name change in the petition)?. Can I file in India & complete whole process in his absence ?. What is better, most easy and faster process ? I think there is a separation period that is required in both India & US. What exactly is that ?. Can’t we file right away & expect a decision in 6 months Thanks Sheetal
Sheetal It seems you got no reply. Give me a day or two, my husband is lawyer I will consult him and contact you back on this thread.
Hi, I am new to this site, and i have a same question like sheetal can you help me? I can't send a private message because of the forum rules so please reply me? thanks again.
It seems you both have reached an agreeable position. So it is all the more better for you to take a divorce from the family courts in India. Many precedence are their where the EX will for some ill-motive come back after some years and file a fresh case. 1. In India if it is a mutual consent divorce then you both can approach the family court. In the event of one party being not able to attend the court he can appoint a POA (power of attorney) to conduct his case on his behalf through the indian embassy without even coming to India. 2. The cooling off period of six months is at the court's discretion. If the court feels you both need some cooling off period they will pronounce the decree only after six months. But with a good advocate(for which the chances are very minuscule) on your side you can cite supreme court orders precedence and get that period waived off(again at Judge's discretion).
