• Getting mutual divorce

My son is working at US and his wife is at India.Both are living separately for more than one year due to misunderstanding and they wants mutual divorce immediately.Due to some urgent work,my son is unable to come to India now.In this situation, how to apply for mutual divorce in the court.
Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

Your son can execute a power of attorney deed in your favor, which after getting notarised, submit it along with the petition for mutual consent divorce.

You can also sign the petition jointly with her on his behalf as his power agent.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

Your son personal presence is not necessary

2) he can execute POA in favour of family member

3) his virtual presence through Skype is sufficient

4) send petition to your son for signature

5) it had to be attested before Indian consulate

6) mutual consent divorce takes 6 months

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

1.In his absence the MCD can be filed in court if send the signed petition by post from USA.

2.However after six months when the suit would be fixed for final hearing then you must be present.

3, Without his presence MCD is not possible.

4.On the basis of POA MCD cannot be done unless he remain present.

Devajyoti Barman
Advocate, Kolkata
23187 Answers
510 Consultations

On the basis of POA case can be filed but at the time of final hearing presence of the husband can not be dispensed with.

Yes POA need not be attested by the Indian consulate.

Devajyoti Barman
Advocate, Kolkata
23187 Answers
510 Consultations

1) no . Family court would insist on attestation before Indian consulate

2) power of attorney if executed abroad should be attested before Indian consulate

3) if executed in India notarised power of attorney would suffice

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

The divorce papers can be signed even by the power of attorney agent here in India, actually that is what is the power of attorney deed is obtained besides representation in court on behalf of the petition/principal.

If you plan to obtain his signature in that country itself, then his signature can be attested by a Notary of that country instead of Indian consulate.

The power of attorney deed also can be attested by a Notary public of that country.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

1. Your son can execute a General Power of Attorney (GPA) in your favour to authorize you to sign the petition for mutual consent divorce on his behalf. The said GPA has to be attested by the Indian Consulate in US and then sent to you so that it can be filed along with the divorce petition.

2. You can depose in the court as a GPA only on those facts of which you have personal knowledge.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

1. physical presence of party is not necessary at the time of filing of suit for mutual consent divorce.

2. he can file suit by his representative or recognised agent.

3. his physical presence is necessary at the time of second motion i.e. after one from the filing of suit because at that time his statement shall be recorded by the court.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

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