• I am an NRI with Visa problems seeking divorce from my husband in INDIA. Should I go with MCD or CD?

Hi

I got married in 2013(5 years ago) arranged by my parents. The first 2 years were fine without any major issues. My husband pushed me to pursue Master's education in USA. When I went back to India for a vacation after one year, I came to know about his extra marital affairs, robbery of my money and gold. We got separated and I came back to US to finish my education. After one year they asked me to give divorce for which all the elders sat with the both sides and all agreed mutually to get the divorce. The lawyer has now sent me a petetion which is a consented divorce filed by my husband stating that I was cruel and I have deserted him. The lawyer says case gets finished quickly if the husband files petetion. Also he says, for MCD or CD from my side, I have to be attending the court multiple times which is very difficult given all the Visa problems I have. How should I proceed further? Do I have to agree for something which I have not done, believing the lawyer that this way it is quicker and easy? 
If I cannot agree with their CD against me, what are my options? I am the victim and I do not want to accept something which I have not committed. But I do have visa problems and may not be able to travel more than once. Please guide me.

Thanks
Asked 2 years ago in Family Law
Religion: Hindu

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18 Answers

Do not accept allegations made by husband in divorce petition

2) file detailed reply denying the allegations made by husband

3) mutual consent divorce is best option

4) in India contested divorce cases take 5 years to be disposed of

5) mutual consent divorce takes 6 months

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

1) If your parents or any relatives are staying here in the India, than you can provide POA to any one member. He or she can attend court ob behalf of you for the further proceeding or you can ask to court provide you Skype facility on your hearing dates.

2) Secondly, you can go for MCD on your conditions base and not on husband.

Ganesh Kadam
Advocate, Pune
11745 Answers
114 Consultations

4.9 on 5.0

Dear Madam,

You can go for mutual divorce through

Supreme Court orders use of video conferencing to reduce divorce case pileup

In a major step aimed at speedy disposal of matrimonial disputes, reducing pileup of such cases and easing things for estranged couples, the Supreme Court has ordered lower courts to use modern technology such as video conferencing in cases where both parties are residing in different cities.

Generally, the wife's convenience is given priority, and hearing for divorce and maintenance or custody of the child is transferred to the jurisdiction of the court where she resides.

But the apex court said that even then, one of the parties needs to first move a transfer petition before it and the husband has to spend a lot on litigation.

The directions from justices AK Goel and UU Lalit came on a transfer plea filed by a woman in a matrimonial dispute on the ground that she lives in Hyderabad with her minor daughter and has to travel to Jabalpur where her estranged husband has filed a divorce case.

The bench allowed the petition and transferred the divorce matter from Jabalpur to a family court in Hyderabad, noting that the plea was pending before it for three years.

Kishan Dutt Kalaskar
Advocate, Bangalore
5644 Answers
235 Consultations

4.8 on 5.0

1. The petition sent by the lawyer is not of a MCD. It is a petition for CD. Return the said petition since it is not prudent on your part to accept the accusation which you have not done.

2. Ask him to send you the petition for MCD already signed by your husband where in there will be no accusation on each other and the divorce will be on consent without any malice.

3. Thereafter get your signature on the said petition notarised by the appropriate officer of your local Indian Consulate and return to the Indian lawyer for filing before the Court.

4. After around 6 & 14/2 months from the date of filing of the jointly signed MCD petition, you shall have to come to India only once for appearing before the Court on the day of the 2nd motion of your said MCD petition to confirm before the Court that you still want divorce.

5. Thereafter you can return to the USA with copy of your decree of divorce and start life afresh.

Krishna Kishore Ganguly
Advocate, Kolkata
24902 Answers
707 Consultations

5.0 on 5.0

Mrs. Komal S. Padukone vs Principal Judge, Family Court, … on 19 February, 1999, Karnataka High Court.

This judgment would help you out with this issue.

It was held statutory duty cast on the part of the Family Court to attempt settlement cannot be converted by the Court into a penalising weapon to deny representation or right to contest, merely on the ground that a party has by his or her absence, has come in the way of the attempt for settlement. If the reasons are bona fide, the Family Court should permit representation through Legal Practitioner or authorised agent.

So, your advocate can exemption application in court stating your reasons for non appearance.

For any other queries, feel free to consult.

Siddharth Jain
Advocate, New Delhi
5612 Answers
65 Consultations

5.0 on 5.0

In case of mutual consent to divorce the parties need not to foist the allegations each other.Jointly you can file a petition by simply mentioning that due to misunderstanding in the marital life we are filing the application to divorce. Suggest them to remove the allegations mention on you to give consent to divorce.

Selva Perumal
Advocate, Chennai
314 Answers
36 Consultations

4.9 on 5.0

I'd like to add that even if you want to go for mutual divorce, you'll have to personally appear, atleast twice in the family court during 1st and 2nd motion.

So, your bet right now would be to let this case of contested divorce proceed and just seek exemptions from court and stall the case till the time your course is finished there.

You can go in for MCD once you're back here.

Siddharth Jain
Advocate, New Delhi
5612 Answers
65 Consultations

5.0 on 5.0

Firslty, the fact which has been used by your husband is something which shows that he has all intention to put you in trouble as much as he can.

Secondly, if you happen to accept then perhaps shows that you are at fault which I should not suggest you to do so.

Thirdly, as it is the civil matter, and if you want to contest then you can give POA to someone here who can attend court on your behalf.

Fourthly, please try to prove him wrong, and also ask for heavy alimony.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

See first of fall the husband lawyer is making you accept things so that husband don't have to pay you alimony since he will contest you were cruel and deserted husband and your not entitled to any maintenance so don't agree to allegations just agree you want divorce too and convert divorce filed by husband into mutual consent divorce you don't have to agree anything. In mutual consent divorce you can seek permission from high court for vedio confrencing and can give a POA to any of your relative to sign petition. Further you and your husband can make an mou for setting conditions and can present it before court.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

hello. maam

i m Rajesh Kumar Parmar advocate

for ur queries u can call me [deleted] on whatsapp too

Rajesh Kumar Parmar
Advocate, Shimla
34 Answers
1 Consultation

4.2 on 5.0

Dear Querist

It will be better for both of you to go for Mutual Consent Divorce (MCD) otherwise you have to fight the case unnecessarily.

the divorce can be granted within a month and you may get the divorce from him and than live your life as per your wish.

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
5791 Answers
272 Consultations

4.9 on 5.0

Let him file divorce petition in India (contested). You do not admit the allegations leveled in the Petition. Upon service of notice, if you don't appear, court proceeds to mark you as Ex-parte and may grant him Divorce based on his allegations (as uncontested).

Effectively you are not accepting the allegations are true nor you contest the allegation to enable him to get divorce. This serves your porpose.

Sandeep Hegde
Advocate, Bangalore
415 Answers
154 Consultations

5.0 on 5.0

DO NOT AGREE FOR ANY SUCH THING. The lawyer and your husband both are misguiding you. You need to understand that the Decree of Divorce is one Document you will need throughout your life. You dont want one which is filled with allegations against you.

What your lawyer and husband are trying to do is circumvent legal system and waive off the cooling period of 6 months in a MCD but i dont see why you should agree for the same.

As far as your travelling to India is concerned, again you are being misguided. There are a plethora of judgments which have exempted personal appearance of litigants. Counselling in an MCD can be done through video- conferencing also. Even if you can come once, that would suffice.

It is your husband who is in a hurry. You dont need to take any hasty decision. Put your foot down and tell him you will not agree to any such thing and will only give your consent for an MCD

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

Presuming CD as contested divorce, since you are in US and may not be able to follow up the contested divorce case properly, better agree for MCD .

This will be the smoothest and faster form of divorce.

In MCD there is no necessity to mention the reason for divorce except mentioning incompatibility as reason.

For the first time you can authorise a POA agent to represent you before court and you can appear before court for confirmation during second motion.

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

You do not have to agree for something you didn't do.

Ask your husband to get the mutual consent divorce petition redrafted by his lawyer so tha it does not casts any aspersions upon you. This being a MCD petition, the parties should not play any blame game in the petition.

Vibhanshu Srivastava
Advocate, New Delhi
9132 Answers
181 Consultations

5.0 on 5.0

MCD best option to save time and litigation cost.

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

You may provide a power of attorney to any close relative of yourself to attend the case and take decisions on the behalf why this you may not be required to attend all the dates and mediation the Attorney holder may agree on your behalf all the terms and condition of McD

Vimlesh Prasad Mishra
Advocate, Lucknow
6793 Answers
23 Consultations

4.9 on 5.0

You can appoint any trustworthy person in India by way of special power of attorney who can appear before the court on your behalf and take decisions also. Now its upto you whether MCD or CD?

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

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