Your personal presence would not be required in order to file for mutual consent divorce. Your power of attorney holder can represent you in court on your behalf.
Mutual divorce
1.Me and my wife has decided for mutual Divorce.But at present I am in America.Can we file for mutual divorce until I am outside of India. Please suggest if yes then how we can initiate. 2. My mother has my power of attorney. Will that work in my absence to initiate Mutual Divorce
Asked 5 years ago in Family Law
Religion: Sikh
19 Answers
Yes, it can proceed Mutual Consent Divorce by signing MoU between both of you along with the terms and conditions mention in it.
If you're wife is in India then she can sign first or you there and send it India and submit in the court for further proceeding. But your mother can't sign on your behalf, she can only attend the court proceeding on your behalf (POA).
1. You may send a power of attorney appointing your relative to sign affidavit and vakalat nama on your behalf. The mutual divorce can be filed through it . Your lawyer may file an application seeking permission to record consent vide video conferencing if same is allowed you can appear through VC or in case it is not allowed you have to remain present for recording of consent.
Hello,
In order to file a mutual divorce case both the parties need to be present before the court .
Regards
1) you can file for mutual consent divorce in India
2) your mother can on basis of POA sign the petition
3) your virtual presence through Skype is sufficient
1. Since your mother has got the POA of you , she can initiate the Mutual Consent Divorce, alongwith your wife, because joint petition has to be filed.
2. Your mother (POA) holder and your wife have to sign a joint petition and submit it to the family court for obtaining Mutual Consent Divorce.
Yes it is very much admissible. Filing Divorce on the basis of Power of Attorney is allowed by Hon'ble Supreme Court of India.
POA wont work, but which state you wish to file
- If you both are presently in America , then after filing a joint petition there , you can obtained divorce decree , which is dully valid in India .
- If she is in India , then you will have to file mutual divorce petition in India , and it can be filed through POA in your favour .
- Hence, your mother can initiate the proceeding in your absence, but at the time of final recording of statement , your appearance is mandatory.
Yes you can file the same. With the help of poa
1. Try video conferencing. Presence is required for both parties.
2. POA will not work in MC divorce
You please see the step for filing a mutual divorce petition in India
In all there are two court appearances in a mutual divorce
- First A joint petition signed by both parties is filed in court. Secondly In the first motion statement of both parties are recorded and then signed on paper before the Honourable Court.
- Thirdly The 6 month period is given for reconciliation, (the honourable court gives a chance to the couple to change their mind)
- Fourthly 6 months after the first motion or at the end of the reconcile period if both parties still don't agree to come together. Then the parties may appear for the second motion for the final hearing.
- Divorce decree will be granted as the Honourable Court may deem fit.
You can file mutual divorce petition from America. Find a local lawyer and prepare the petition .Attest the petition in Indian consulate in US and send it to your advocate in India and file the same. You can also file the same through power of attorney holder . The same time file a petition for accepting the same with out your presence.
1. You can get the MCD petition signed by your wife through your lawyer.
2. Get your signature attested before the appropriate officer of your local Indian Consulate and return it to your Advocate in India to file before the Indian Court.
3. However, you shall have to appear before the Court personally after 6 months from the date of filing the petition to confirm that you still want the Mutual consent Divorce and thereafter the decree of divorce wiil be pronounced by the Court.
4. You shall have to wait for 7 to 10 days to get the certified copy of the decree of divorce.
File a mutual consent divorce petition in the US district court ie ni fault divorce. That is valid in India. That decree is acceptable and is perfectly legal.
Yes that may be possible if you want a divorce India in the light of the present situation.
1. You can execute a GPA in favour of a relative in India to authorise him to file the petition for and on your behalf.
2. The GPA has to be attested at Indian Consulate.
3. GPA in favour of mother will work.
You can give POA to any of your major family member. He/she can file MCD on your behalf.
Yes, your mother can represent u in MCD
You can file for Mutual Divorce if both of you are interested to do so.
Yes, already Supreme Court has granted first of its kind through Video Conference, as such, you can also participate in VC and get it processed.'
Yes you can file petition for mutual consent divorce through your POA and make request through your advocate or POA for recording your statement of first motion through video conferencing.
The initiation of divorce on the grounds of mutual consent divorce can very well done back in India even during yor absence.
You can give power of attorney deed to your mother who will sign the papers on your behalf.
But for final confirmation you shall have to be present physically before court.
