don’t file for divorce now as you have to travel abroad 

2) as and when you return from abroad take legal proceedings for divorce 

3) further as on date your son is only 3 years old . You would not get custody of child as on date 

4) if you file for divorce wife may file false dowry harassment case against you 

5) you have to run around courts seeking stay against your arrest 

1. If you appoint your parent or sibling as POA holder then he can represent you on day to day hearing of the divorce suit.  Your persona presence is required only at the stage of your evidence.

2. So file the suit and see whether she allows the suit decreed ex parte. Later on she may agree eon mutual divorce as well.

3. Since you are going abroad you can not claim custody of the child now.

 In divorce petition the petitioner or defendant, as the case may be, have to remain present in the court personally only at the time of conciliation proceedings and at the evidence stage, whereas on all other hearings the presence of counsel shall suffice.

Were you not physically present at your wedding, or did you marry by proxy?

The same principle will apply for divorce proceedings

You need to complete your divorce filing before you leave for Nigeria and also you have to provide power of attorney to your mother so that she can appear before the court in case you are called for normally your presence is not required and will be excused by the court and in any special case the Advocate can take permission of the court for non presence.

If you wish you may call me a discussion in this regard I am based in Lucknow VibhutiKhand Gomti Nagar.

You can file divorce. Court will allow you to travel outside India. You can also appoint any family member for filing divorce on your behalf through POA also

See you can file divorce and can give power of attorney to your parents to appoint advocate and to contest the proceedings on your behalf. Then you won't be required.to present yourself before the court.

If you want to apply for divorce, you can do so by appointing POA on your behalf and such POA will represent you during hearings of the case but your appearance will be necessary at the time of your evidence,

but my suggestion is to go on your work (Nigeria) without starting any litigation means don't file divorce case now and let her leave alone in India, might be after passage of time she herself become ready for Mutual Consent Divorce.

1) See first what is important as of now in front of you going abroad or fighting for divorce. 

2) Anyhow to fight she is not ready to go you mutual consent divorce and if she gives than also it will require at least six months to get decree in your hand. And to fight for divorce in the court it may take 2-3 years minimum on fast track.

3) For time being do good acting with her and behavior good no matter what she talks and do in the house. Get first Visa clear from spouse side and on paper don't show any fight or case or police complaints etc.

If she is not ready for a divorce by mutual consent, the only option for you is to contest a case of divorce against her on the grounds available to you under Hindu Marriage Act.

Your presence can be exempted most of the times, or you can be represented through a power of attorney holder, but sooner or later it will be required in the Court.

Contact a local lawyer. 

Youbcan file a divorce petition in the family court through a power of attorney in lucknow. That way you can travel abroad.

Regards 

The person so authorised will be able to sign documents and Vakalatnama on your behalf and would be able to sign affidavits and replies too.

Dear Sir,

- A petition U/s 13 ia" of Hindu Marriage act for the divorce can be filed stating cruelty by partner

- Do collect the evidence to support your statement and submit along with petition.  

- You shall not be required initially but for "mediation and conciliation process" and for case motion, you shall be required regularly as and when you are called.

- More advisable to settle the issue amicably and file divorce petition under mutual consent as it will ease your process and within 1 year your will get the divorce.

Regards

Vivek Arya

Dear Sir,

Yes, after the first motion has been done in the court there is a gap of six months post that for the second motion to take place. In the meantime if someone wants to travel abroad for work purpose , he/she can do so.

As a matter of fact you don’t even need personal presence in case you intend to work abroad. You can appear through a special power of attorney a relative or a close friend and apply for counselling through video conference. A cumbersome process but can save you a trip.

Yes should be  be present in court during your divorce proceedings. 

As far as mutual divorce is concencerned, it needs affidavits and statements of both the parties in Family Court before the Hon'ble Judge  Family Court.  You need to be physically present and sign the statements before Ld. Judge to dissolve marriage. This is the legal procedure. Unless you comply to legal procedure you wont be able to dissolve your marriage.

Engage a local lawyer . Sign the requisite papers. You will have to plan your availability in Family court Lucknow  on the dates for the hearing in mutual consent divorce. 

If you cant travel to India, you wont be able to dissolve your marriage.

Dear Client,

Divorce can be filed through Power of Attorney.

It may be time for Marriage Counseling,Marriage counseling can help you rebuild your relationship. Or decide that you'll both be better off if you split up. Either way, marriage counseling can help you understand your relationship better and make well-thought-out decisions.

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If you have to file a divorce in India,m then you need to be present before court on each and every date of hearing.

Alternately you can give a POA deed to any close relative back in India to represent you in the court during your absence.

Dont worry about her threats, let she  tell anything or even lodge a criminal complaint agaisnt you with the police, you can challenge the same in trial proceedings or can even file a quash petition before high court when it comes for trial before court.

1. As per the information mentioned in the present query, makes it clear that she has an intention to contest the divorce case, but surely not ready for mutual divorce.
2. If you file it now then not always, but when called up by the court for evidence then you would be needed to be here, and this stage may come after few months or sometimes two to three years after.
3. Now, you will have to understand the need of filing it now and also to see if you can come once or twice in a year then i would suggest you otherwise not.

You can file fir divorce in Lucknow as marriage was solemnised in Lucknow or in Pune where you stayed together 

2) no need to pay her Rs 50 lakhs 

3) contested divorce cases take 5 years to be disposed of 

4) if wife files false dowry harassment case apply for and obtain Anticipatory bail from sessions court 

You can give power of attorney to mother and can file divorce she can contest on your behalf though  she can file for criminal cases against.you so bargain on amount and in my view go for a mutual divorce if she fails to agree then file for contested divorce .

A divorce petition can be filed through this attorney bearing the signatures of the attorney. 

Once the divorce petition has been filed the parties presence would be required at the stage of evidence. 

Yes you can file in Lucknow. Yes you can execute POA to your mother

if you want, you can file the case in Lucknow and go abroad, making your mother your POA but she has the right to get it transferred in PUNE, 

Mutual diovrce can be file anywhere. 

If you were married in Lucknow, then you can very well file a divorce case in Lucknow also.

If Pune is not feasible then you may decide to file it in Lucknow itself so that your mother can attend the case from home at Lucknow

You should file the same in Lucknow only 

Let me know if I can be of any help to you. I have my office in Lucknow and we can schedule a meeting accordingly 

You can file your divorce in Lucknow, in case it is easier for you to contest this case in Lucknow,in comparison to Pune. You may also take this decision in ase your proposed POA holder is based out of Lucknow