Please go for divorce by mutual consent 13B of Hindu Marriage Act .

Please get GPOA executed at Canada in Indian Embassy and appoint your  parents as attorney for divorce by mutual consent at Pune Court.

Time period  6 to 12 Months. 

You need not to come India for the divorce by mutual consent. 

You can execute POA in favour of family member 

2) POA should be attested before Indian consulate 

3) your personal presence would not be necessary 

4) virtual presence through Skype is sufficient 

5) file for divorce by mutual consent 

6) consent terms should be enclosed to divorce petition 

7) it takes around 6 months 

1. Since Husband & Wife both are Indian citizen and passport holders, "Mutual Consent Divorce Application" has to be filed only local Family Court in India and not in foreign country.

2. You can delegate authority to somebody in India, via Power of Attorney (POA) with strategic clauses, duly attested by Indian Embassy /Consulate in Canada.  The POA holder shall represent you in local Family Court, for all legal purposes.  However IF the Court insists for your physical presence for Counseling or anything else, THEN you will be required to be represent (though this can be delayed for few dates).

3. IF Wife files first for "Divorce" and IF you are not present in court at any of the hearings THEN court will grant Divorce Decree on ex-parte basis to Wife, without any legal reference to you.

You can ask her to file the divorce case on the grounds of mutual consent from her side,  you can authorize any close relative from your side to sign the divorce papers on your behalf by giving them a POA deed executed from Canada 

Later on you can fly back to India after six months to confirm your decision by an affidavit sworn before the court in person. 

Thus the process will take only 6 months in general. 

1. Mutual Consent Divorce under Section 13B of Hindu Marriage Act is the simplest and only hassle free process in India to dissolve a marriage that has strained beyond repair. It takes 6 months for the process to culminate from the date of filing of the petition if all the documents are in order, but this cooling off period can also be waived or shortened by the courts now. A positive agreement has to be reached between spouses on all issues such as maintenance/permanent alimony, child custody, division of assets, etc.

2. The process begins bey engaging a lawyer. Both spouses may engage a common lawyer or they may engage their separate lawyers.

3. If you are unable to come to India then you may execute a GPA in favour of a blood relative to authorise him to file the petition for and on your behalf and also engage a lawyer. However, the GPA holder cannot depose in respect of facts of which he does not have personal knowledge.

You need to find out an advocate who can file a mutual divorce petition in this case the petition cooling period of 6 months if it is not removed by the court.

You have to appear before the court at the time of filing the petition and thereafter when the first date comes you can authorize any of your blood relative by providing power of attorney to appear before the court in your case on your behalf.

Increase there is no contest this divorce can be decided by the court as quickly as possible however if it is possible for you to remove the cooling period of 6 months then it will not take too long but please keep in mind that in case of any contest during the process of divorce will definitely change this petition to contested divorce petition and mediation and reconciliation process will start before any judgement from the family court

You can first send a notice to her or talk to her and come in agreement for mutual divorce. Once it's done then you can go ahead with mutual filing of divorce before family court. If you can't come your poa can be given and the same can be proceeded

If your wife has agreed for divorce then go for mutual divorce .

She may have some demand like permanent alimony and if she does then include all terms of settlement in the petition for mutual divorce. 

However to file such petition your personal presence is not required.  However on the date final motion your personal presence can not be dispensed with. 

Ask her to file a divorce case against you. you will not appear in court as you are in Canada, so after 2,3 dates court will grant her EX-parte divorce decree.

Approximately it will take 6 months if we can start online procedure for Mutual Consent Divorce.  By filing here in Pune Family Court.

Ans: for filing a divorce petition you will have to travel once or twice to India considering it is your divorce and you will be verified by the court registry once at the time of filing of the petition..

You cannot authorize someone to file a petition on your behalf since it is divorce proceedings..

Once the petition is filed it will take nearly 8-9 months for the court to pronounce it's divorce decree..

Sir

The timeline for a mutual Divorce is 6 months, you can file it in India where your wife is staying.

You can appoint your Family member as your Attorney by executing a POA through your Consulate in Canada, 

Your Presence will be exempted then.

Kindly make an MOU before filing a Divorce through mutual consent.

Dear Sir,

The minimum time for mutual consent divorce is 6 months as per the Hindu Marriage Act but since you are staying apart for more than one and half years, the process may be completed within 2-3 months in the light of the judgment passed by the Supreme Court of India.  

Hello,

1. It would take 6 months for the divorce by mutual consent be ordered by the court after you file a joint petition in the court.
2. You can get the petition attested at the Indian Consulate and send it over to India to be filed.
3. You can participate in the mandatory counselling and other procedures on video conference facility from the court on the day your case gets assigned. You may either go with the lawyer of your wife or choose another lawyer.

Hi

You can get a POA issued to your friend or relative to file the Petition, participate in court procedure via video call.

it will take 6 months time to get order if you both file a divorce by Mutual Consent.

Dear Querist

First of all, execute an MOU/Settlement deed with her and then Execute a POA(Power of Attorney) in favor of your father or another relative, so that the proceedings could be initiated without your personal presence.

As both of you are ready for Mutual Consent Divorce and there is a separation of 16 months, so it will be better to wait two more months and then file the divorce case by way of Mutual Consent because if you filed the case now then you have to wait till six months from the date of the first petition of Mutual Consent Divorce but if you filed the case after 18 months of separation then you may get the divorce within 15 days.

during that period you may execute the MOU and POA.

Feel Free to Call

- Section 13B of the Hindu Marriage Act, 1955 and section 28 of the Special Marriage Act, provide the provision for divorce by mutual consent.

- For filing a petition, the husband and wife should have been living separately for a period of one year or more. It means that the couple has not living like husband & wife, and this petition can be filed even if they are living under one roof. 

-  Further, this petition cannot file by the couple within a period of one year from the date of marriage. However this period also can be waived under exceptional hardships as per Supreme Court.

- Further, both husband and wife should mutually agree that the marriage should be dissolved.

- Further, this petition can be filed by one lawyer on behalf of both the parties , if both parties agree for the same. 

- This petition is filed before the family court, within whose jurisdiction the marriage the marriage was solemnised or where both the parties last resided together.

- Further, the presence of both the parties at the time of first motion and the second motion is mandatory.

- Mutual divorce is divided into two motions, i.e. First motion and Second motion. 

- When the lawyer files a divorce petition before the court on behalf of parties, this is legally known as the First Motion, and the statement of both parties is recorded by the court, that they want to end marriage amicably.

- Further the court after accepting the First motion , give a time for filing the Second motion after a gap of six months. period. This period of six months is given to the couple for reconciliation as the estranged couple might change their mind.

- However this 6 months period can be waived after moving an application on the ground of urgency. 

- Further , if application accepted for urgency or parties of marriage approach after six months period, then the court after satisfied that all the necessary grounds and requirements for the divorce have been complied with , and after hearing the husband and the wife consent , the court passed its Decree for divorce finally . 

- Hence you get divorce on the basis of mutual consent within a period of one to two months, if you moved an application on the ground of urgency, otherwise, it will take 6 to 7 months 

- Since, you are out of India, hence you can file the said petition through SPA/POA as well on your behalf. 

mutual consent divorce can be filed by a special Power of Attorney holder, who can file or take part in divorce proceedings as an authorized representative of the party seeking divorce.

Time required would be 6 months if you've completed 1 year of marriage. A joint petition needs to be filed before the court for the same. After the prescribed period of 6 months the court will consider your petition and thereafter grant divorce.. 

Mutual consent Divorce (MCD) will take around 6 to 8 months for getting divorce.

You can file the MCD by issuing POA in favor of your family members duly attested at Indian Consulate.

Your presence will be required at the time of filing and hearing (two times) which you can do through webex / zoom / skype.

Alongwith MCD you need to file consent terms, wherein, the terms of settlement will be reflected.

1. You can file petition through your POA but for statement You need to be physically present in the court.

2. You can make an application through your advocate for request of statement through video conferencing.

3. If court accepts your request for statement through video conferencing then it will take 6 months to get mutual consent divorce.

1. As per the information mentioned in the present query, makes it clear that though you have a strong ground of divorce on the ground of adultery wherein you will also not have to pay a single penny to the lady, you are still ready for the mutual one.
2. I would like to apprise you that though the pandemic phase is going on, but still courts are accepting the urgent family matters as the same you are also having as just you need to verify as to whether your district family court is accepting the same or not.
3. Then you both can file a petition mutually and you can be presented by your family member after executing a power of attorney for one date before the court of law as the same petition will get disposed off in two to three dates maximum, if mutually agreed.

A mutual consent divorce petition can be filed in India and the court may grant instant divorce by waiving of the period of 6 months due to such special circumstances.

You may file a mutual consent divorce petition in Canada. Send a notice to her. If she accepts it and doesn't come that divorce would also be valid in India.