• Filing for divorce by mutual consent by Indian couple staying in

What is the procedure to be followed by an Indian couple posted in a private company at Ajman in UAE for divorce by mutual consent? Can it be adjudicated or arranged at Indian Consulate in UAE or it has to be processed in Indian court?
Asked 7 years ago in Civil Law

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8 Answers

1. Mutual Consent Divorce is the fastest mode of dissolution of marriage in India. It takes 6 months for the process to culminate from the date of filing of the petition if all the documents are in order.

2. A MOU would have to be executed between you and your spouse to record a settlement on all contentious issues such as division of assets, alimony, etc.

3. It can be filed only in the court, Indian Consulate has no authority of law to dissolve a marriage. Both spouses will have to appear personally or through their agents in the court with their lawyers.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

i presume marriage was solemnised in india

2) divorce by mutual consent has to be filed in India

3) it cannot be filed in indian consulate in UAE

4) both parties have to remain present at time of filing of divorce petition

5) if one of parties is unable to remain present he or she can cexecute POA in favour of family member in India for said purpose

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. Only the competent court of India can pass a decree of dissolution of marriage for subjects of india.

2. So if both of you agree for mutual divorce then file a signed petition in the court in india.For filing mutual divorce petition you need to travel to India.

3.However after six months when the court would fix a date for final hearing both of you are required to be present in India and appear in court to verbally show your consent for divorce.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. The MCD application shall have to be filed at the court having jurisdiction on the area where the marriage had taken place or where both of you last resided together or where she is living in India.(if she is in India).

2. For filing the MCD petition by signing the petition and the Vakalatnama, you are required to arrive at India which you can avoid by signing the same before the appropriate officer of India Consulate.

3.However, both of you shall have to appear before the Court during the 2nd motion after 6 months from the date of its filing i.e. the final day when both of you shall be asked whether still you want divorce or not.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Mutual Consent Divorce must be proceeded at Indian Courts. Both the parties i.e. presence of husband and wife is compulsory before the Court for getting divorce on mutual consent. Initially the couple desiring to get divorce on mutual consent have to file divorce petition along with necessary affidavits, wedding invitation card, marriage photographs, 2 passport size photos of each, residence and ID proofs.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

If you want to file a divorce case on any ground, you may better return to India, file this case jointly before a family court within your jurisdiction and after six months time, you may re-appear and express your confirmation for mutual consent divorce.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

1) presence of both parties is not necessary

2) if one of parties cannot attend it can execute POA in favour of family member to appear in court on his or her behalf

3) virtual presence of party through skype would suffice

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. Presence of both the parties in the Court is not required while filing the MCD petition but you shall have to arrive at India as otherwise, the Vakalatnama to be signed by you wherein your advocate will affirm that you have signed it before him will become invalid since staying in USA on hat particular day you can not sign the Vakalatnama before your Advocate staying in India.

2. You can google search the names of Advocates practicing at Pune.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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