Divorce is a very serious and sentimental subject in India. Marriage is considered sacred and a commitment for life in this country. But if there is a constant bad trigger in a relationship then it is wise to get separated without furthermore damaging each other mentally and physically. The reasons of a bad marriage are unfathomable and stressful to both the parties. Nevertheless, if the decision is clear then actions have to be taken.
Indian law is quite vast in such case and one can avail complete support in the procedure. Women who want a separation should consult a lawyer for better advice and guidance without taking matters in their hand. Divorce according to Hindu law can be obtained in two ways namely Mutual and Contested. Mutual agreement between the husband and wife for a separation is safe and cost effective where as contested Divorce in India takes a toll on the parties’ health, bank and time.
However, the situation changes when the husband or the wife lives outside the country. Serving or delivering the copy of your petition is quite challenging yet not impossible. Divorce procedure is same everywhere irrespective of the state or the country. Serving the petition hugely depends on the foreign country’s law. Most of the countries allow delivering via registered mail. For detailed and in- depth information one should consult an experienced lawyer and follow the process of both the countries.
If your spouse’s country permits a registered mail, then mail the serving petition with a return receipt postal form. The return receipt is mandatory so as to confirm the deliverance and acceptance of the petition by the spouse.
But if the foreign country does not accept service through mail then you have to contact the court where you have filed complaint and request them to process the service by a foreign country server and directly work through the foreign country’s government. In this scenario, you will not have to do much work but co-ordinate with the court for procedures thereafter.
