1. First of all you two shall have to mutually decide on the terms based on which both of you shall seek mutual consent divorce. All the terms shall have to decided in advance and mentioned in a MOU to be executed and notarised by both of you which will be part of the MCD Petition setting the terms for the divorce. This is the most important aspect of the entire process for which you shall have to apply your mind carefully. You should file the MCD petition jopintly signjed by both of you on the said agreed terms through your lawyers.
2.There is no role of the witness in this matter and the Court will pass the decree of divorce.
3. Your lawyer should prepare the plaint well in advance along with the MOU and both of you shall have to verify the draft copy of the plaint and the MOU for apending your signature when you arrive in Mumbai. If everything is made ready, then the MCD petition can be filed on the same working day of your arrival.
4. Even for filing the MCD petition, you may escape arriving at Mumbai and sign the petition before and get it notarised by the appropriate officer of your local Indian consulate for sending to your Advocate for his taking the signature of your wife before filing the same. Both of you shall have to appear before the Court on the day of the 2nd motion after 6 months of filing the petition to confirm that both of you still want divorce and after that your divorce decree will be passed.
5. You can not be represented by your POA in the instant matter.
6. For waiving the 6 months mandatory period, you shall have to apply before the Supreme Court which itself will be expensive and time consuming not saving much time actually.
7. Every thing shall have to be clearly detailed in the said MOU including the fact that none of you have any grievance against each other and have not and also shall not file any complaint/case against each other and claim any further amount under any pretext. Your said divorce proceeding shall have to be supervised and guided by your lawyer.
Alimony / Maintenance:
1. If you transfer the flat in her name before hand, she might finally refuse to appear on the final day of the MCD motion making the MCD petition rejected after 18 months. So, it will be prudent on your part to get the transfer deed ready and register the deed in the Court after divorce decree is passed by commissioning the Registration i.e. by calling the Sub-Registrar at the Court for registering the said deed. This is important.
2. Divorce decree issued by the Court does not convey title of property. Registration of deed of Conveyance does. So, get the gift deed registered before the Court as advised above. There is no prop[erty tax involved here.
3.Both of you shall have to agree to the condition that she shall have to transfer her share of the said property in your favour and the transfer/gift deed in connection with the said property also should be registered by commissioning as suggested above. The said gift deeds shall have to be made ready well in advance to get registered on the same date of availing the decree of divorce.
4.You can not do any thing about your child\s PPF account, he/she will continue to hold it and will decide about it on attaining adulthood.
5. After your availing decree of divorce , you stay completely detached from her legally and in case of her eventual demise, her legal heirs at that point of time will inherit her said properties. Her marriage does not debar her from acquiring or continue to acquire the said properties.
6. All these issues will be decided by both of you mutually. What you shall think as wise might not be accepted by her.
7. You shall have to comply with the terms you have agreed to for getting the MCD decree after the decree is passed and not before that or not without ant Court order.
1.As has been stated above, all these terms shall have to be mutually decided by both of you amicably which will be mentioned in the MOU to be signed by both of you.
2. There is no 'standard visitation process' for father's visiting his daughter. You can ask for daily or weekly viisit after her school or your office for two hours at any nearby park These are to be decided by both of you mutually since it is going to be a mutual consent divorce decree to be prayed by you.