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Old 03.07.2015, 19:13
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International divorce

Hello,
I'm 30 year old guy from India, I got married last year according to Hindu marriage act, from the beginning I was against of this marriage, but due to the family pressure I said yes for this marriage. I'm living in Switzerland from last 3 years, after marriage I came back to Swiss and she's staying in India, out of 18 months of our marriage I stayed with her only for 3 months, I don't want to be with her from the beginning for this reason I didn't get her here, now I cannot drag this relationship more further, I don't have feelings for her.
Can I get divorce if I don't have feelings for my wife?
How long it going to take to get divorce, is she can file any false case against me or my family in India?
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Old 03.07.2015, 21:06
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Re: International divorce

Maybe you should have manned up about it before you got married. If you got pressured into it in the first place, then what makes you think you can avoid family pressure against the divorce.

I do not know how Hindu traditions limit your chances of a divorce, but in all legal aspects, you can get a divorce without a problem. Sucks for that poor girl though. Maybe next time make your own choices and do not let your family destory your and an innocent girls life.

Best of luck.

S
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Old 03.07.2015, 21:53
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Re: International divorce

Quote:
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Hello,
I'm 30 year old guy from India, I got married last year according to Hindu marriage act, from the beginning I was against of this marriage, but due to the family pressure I said yes for this marriage. I'm living in Switzerland from last 3 years, after marriage I came back to Swiss and she's staying in India, out of 18 months of our marriage I stayed with her only for 3 months, I don't want to be with her from the beginning for this reason I didn't get her here, now I cannot drag this relationship more further, I don't have feelings for her.
Can I get divorce if I don't have feelings for my wife?
How long it going to take to get divorce, is she can file any false case against me or my family in India?
In Switzerland, you can get a divorce (regulated in the Swiss Civil Code) if either
a, Art. 111 CC) both spouses jointly apply for divorce and have everything prepared - how they'd like things split up, who should take care of the kids based on reasons 1,2,3,4... etc. (that's the fastest way to get through with it)
b, Art. 112 CC) both spouses jointly apply for divorce and don't have everything prepared (then court will assist you in getting things settled, this will make the procedure longer)
c, Art. 114 CC) one spouse wants divorce and applies for it after having lived outside the other spouse's/the married couple's household for at least 2 years (this will probably take the longest to get settled in court)
d, Art. 115 CC) one spouse wants divorce and applies for it, basing it on inability to sustain the legal relationship with the other spouse. If court agrees with the detrimental nature of the legal (note, not the social, emotional etc.!!!) relationship between the spouses, divorce can be granted.

To file for divorce as a single party, best is to go through a separation procedure (Eheschutz), you can file for it without your spouse using the "Requête de mesures protectrices de l’union conjugale selon art. 172 ss CC" form found here. You don't need a lawyer, neither for separation nor for divorce procedures, though it is highly recommended to get a lawyer for the divorce part if you're not filing jointly and not doing so in a cordial manner with your spouse.

For joint divorce, hand in the form "Requête commune de divorce" from the site I linked above, having filled in the form jointly with your spouse.

Separation procedures regulate what happens between the start of the separation procedure and the end of the divorce procedure.

Divorce procedures regulate what happens after the divorce procedure.

If you don't have sufficient funds to pay for the legal procedures (neither separation nor divorce are free) or think you need a lawyer but can't pay, you need to hand in the form "Requête d'assistance judiciaire" from the link I posted above after having searched for a lawyer on your own.

Lawyers in Geneva can be found here.
The place you need to file the forms at is the civil court of your district, which probably is the Tribunal de première instance in Geneva.

Know that in divorce cases and in separation procedures, the "fault" of the spouses is not relevant in any way. Feelings or not, it is your right to get divorced or separated at any time, if you adhere to the rules (living separately for 2 years before filing, proving inability to continue the legal relationship with spouse, or filing jointly).

I cannot help you with consequences of your divorce in India.

Hope this helps. Good luck!
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Old 04.07.2015, 17:48
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Re: International divorce

Having read some rather horrific stories in the Press about Indian marriages and their consequences on the bride.

Perhaps you should think twice about divorcing her until you have been able to talk about it with your and her's families. And explain your reasons for divorce. So as to give the poor girl some sort of future.

You may not like her, but there is perhaps some guy out there that does.
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Old 04.07.2015, 17:52
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Re: International divorce

Two years ago, forced marriage has been made illegal in Switzerland by implemtation of §181a in the criminal code. The victim (that's you, OP), may enjoy increased protection, including extended permit to stay in Switzerland.

You could contact "autorité genevoise de protection de l'enfant et de l'adulte" for more info.

Alternatively, you could contact Anu Sivaganesan from zwangsheirat.ch (she's from Sri Lanka, dunno but perhaps she speaks indian).
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Old 04.07.2015, 20:31
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Re: International divorce

You should have asked this question on an Indian forum. The advice you get here may not be practical in the Indian context. There are two issues you will have to deal with ... family and financial. Both will be difficult for you.

Pity the girl who had to marry an indecisive character like you who was forced by relatives at the age of 28. Right from the start you are scheming to get away from this relationship.

You should first screw your relatives before spoiling the girls life.
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