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Author Topic: filed for the divorce with EU wife, but taking very long?  (Read 904 times)

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Offline harry

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filed for the divorce with EU wife, but taking very long?
« on: July 29, 2014, 02:20:35 AM »
Hello,
I am an indian citizen who went to study abroad in UK. I meet a girl who was greek residence and was also studying in uk and we were togather for 3 years. As my visa was about to expire, I came back to india and after 2 months, we decided to get married in india. she came to india for a week and we got married under Hindu married act on 30 march 2012. she returned to UK as she was still persuing her studies, I applied for EEA family permit. and got the visa in a month. i went there lived there and applied from uk for eea FP 2. but the things werent working out by that time for us. we waited for eaa fp2 for next 6 months but its was taking very long. our marriage was not even registered in uk. So we decided to call it off mutually and I requested for my passports back and we both returned to our countries i.e. india and greece respectively. I filed for divorce in july 2013 as ex parte in india. she agreed to receive the notice. and the first notice was served in dec 2013. when second notice was send to her, for some reason she didnt got it or may be she was at work. now the next date from the court I got is in dec 2014. Its just taking too long to get over with. It is the right way the case is going or is there any other quicker way? I would really appreciate help and suggestions. Thank you

Offline Advocate-ashoksen

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Re: filed for the divorce with EU wife, but taking very long?
« Reply #1 on: August 16, 2014, 09:06:48 PM »
ex-parte is never given in a hurry.
that is because even if you get an ex-parte divorce it is still appeal able.

the Judge has to use is best judgment in granting it.

you wife should send a letter via her lawyer to the court with affidavit stating that she has no problem with the divorce.

that will help expediate the matter
Advocate Ashok Sen Calcutta High Court

 

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