• Divorce by mutual consent under Special Marriages Act

I am an Hindu Indian citizen married to a Ukrainian Christian citizen under special marriages act. We have been married for last 7 years. We have no children together and wish to divorce as we do not have compatibility. My spouse wishes to go back to her country immediately . How can we proceed for divorce if one partner is out of India and not willing to travel for the court dates ?
Asked 6 years ago in Family Law
Religion: Hindu

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8 Answers

1. Well the marriage can be dissolved through mutual divorce if both parties agree which does not take more than six months.

2. At the time of filing such mutual divorce petition only signature of parties is required. Their physical presence is not necessary.

3. However at the time of final hearing of of ther presence in person is mandatory.

4. So act accordingly.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

She can execute specific POA in favour of family member

to appear in court on her behalf , to file affidavits etc

2) her virtual presence through Skype is sufficient

Ajay Sethi
Advocate, Mumbai
94732 Answers
7537 Consultations

5.0 on 5.0

Both of you present a petition for divorce by mutual consent under section 28 of the Special Marriage Act.

She may appoint an agent on her behalf by mean of a POA to represent herself in this case; or she may personally file the first motion before heading to Ukraine. In the second motion, she could be represented by her POA Holder.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Hi, you can file for mutual divorce , under special marriage act , .. In mutual divorce petition she only needs to attend the court two times on the first and the second motion .. On first motion , a joint statement of both of you will be recorded , and a date of 6 months will be fixed for the 2nd motion , on which a final statement of both will be deposed before court , after which divorce decree will be passed

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

If your spouse wishes to go back to her country immediately then you should prefer to file divorce petition before the Supreme Court of India under article 142 of the Indian Constitution. The Supreme Court has a special power under article 142 to grant divorce without performing 18 months cooling period.  no other Court has such power but if you filed mutual consent divorce before the family court then you have to wait for 18 months because 18 months cooling period  is mandatory for grunting mutual consent divorce.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Let your wife execute a Power of Attorney in someone's name to represent her in the Courts, on her behalf in India when she is away in her country. Still her presence in India to present herself in Court once or twice is/are a must..

Shashidhar S. Sastry
Advocate, Bangalore
5117 Answers
314 Consultations

5.0 on 5.0

Hello,

Mutual consent divorce is filed under section 28 of the special marriage act.

The same will not take more than 1 month.

The partner who is out of India can mark the presence through a POA/ skype presence is sufficient.

She will have to come once during the second and final motion.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

If she agrees for mutual consent divorce, you can get the papers prepared and kept ready so that she can just arrive in India and sign the papers and stay in India for further few days by which you can get the divorce decree waiving the requirement of six months cooling off period on the basis of the supreme court lates judgment on this.

Alternately you can file a contested decree and make her absent and exparte.

You can get an exparte decree of divorce without making her to attend the court for this.

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

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