India Divorce Issue

My fiancee, is a citizen of India, and has been separated from his wife (also a citizen of India) for over 9 years. Living seperately etc. They have spoken many times about divorce, but never filed the papers.

Now, that we want to get married, she is refusing to sign the divorce papers.
I am an American and we are both living in Dubai, and have been together over a year. Sharia law does not apply, unless both parties agree, which, since she wont sign the divorce agreement, we cant do. Under India law, he has no rights. What can we do, how can he divorce her,if she wont sign divorce papers?

[patricia]

Hey, there is a ground in which your fiancee can get divorced. try looking in websites under hindu act. I guess if the partners are separated for more than 7 years of time, they will divorced.

thanks, but he is Christian, not Hindu. Laws are different for each sect. And none of them in favor of the man since the Amendment.

The reality is that that 7 year clause is the wife's whereabouts arer not known .

There is one way for the man to get a divorce. He approaches the courts for diovrce then goes to the mediation .The wife will make demands of money that will be equal to usually somthing that man will take 20 years to recover. He can give that and get quick divorce.

otherwise he can fight a divorce on grounds of cruelity and desertation and possibly get a divorce after 12-15 years.

My two cents its useless on his trying for divorce as long as India has jurisdiction over him