File for divorce by mutual consent in India 

2) you can execute POA in favour of family member 

3) have it attested before Indian consulate 

4) virtual presence through Skye is sufficient 

5) consent terms should be enclosed to divorce petition 

6) MCD takes around 6 months as cooling period is mandatory 

When both the parties were India & married in India according to any of the India form of marriage then the dissolution of such marriage should be done through the Indian Family Court of the competent jurisdiction where the marriage took place or where either of the parties usually reside or where both the parties last resided together.

Apply mutual divorce in India- TN.

Divorce by Mutual Consent is the easiest way to get a divorce, in this both parties work out their terms on which they agree to part ways- file petition in the court, which is finalised in 6 months. However there may be cases where the decision to part may not be a mutual one, and it is only one party who considers the union to be troublesome and worth getting rid off. Such situations lead to Divorce being contested.

The Conditions required under section 13B of the Hindu Marriage Act are as follows:

(i) Husband and wife have been living separately for a period of one year or more,

(ii) That they are unable to live together,

(iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed, hence marriage should be dissolved.

In my opinion you may better file the mutual consent divorce case in India itself. 

The divorce case under mutual consent would be disposed in a matter of six months 8n normal course.

However there's an option to waive the six months cooling period and can get the divorce case disposed within 15 days of filing the case. 

Initially if you both not able to visit India for filing the joint petition for mutual consent divorce,  both can authorize two close relatives from each side to file the divorce case on your behalf. 

You both can visit India to complete the formalities confirming divorce decision before court during second motion. 

Alternately you can file divorce case in Germany also but you have to make sure that the grounds for grant of divorce as per German law is valid and legally recognizable in India otherwise the efforts would become waste which may stand as an obstacle while you may be trying for remarriage subsequently. 

You may consult a lawyer in India and discuss the subject matter at length and take a proper decision considering all aspects of pros and cons on both the issues. 

Divorce can be filed in India or in Germany. As both of you are in agreement wrt the terms and conditions of the divorce there will be no problem. You can file the divorce petition in Germany too. It is legally admissible in India too.

You can apply in Germany for mutual consent divorce and later on with the help of your family member or friend and get confirm order from Indian court.

In mutual consent divorce MoU you can mention your terms and conditions as per your wish that you need sufficient to be mention in it and that too will be accepted by your husband.

1. Since you are presently residing in Germany you can apply for divorce in Germany itself. The German courts have the jurisdiction to grant divorce.

2. The settlement terms are to be decided mutually by both of you.

3. If you apply for mutual divorce in India then it will take 6 months for the process to culminate,

Since foreign divorce is not recognised in India its better not to file if in abroad. 

Else any of you can later dispute in India. 

So to resolve the dispute for good file it in India. 

Hi, you can apply for divorce either in India or Germany. Both the parties are participate in the proceedings, the divorce obtained in Germany is also valid in India.

Dear Querist

If both of you are ready for Mutual Consent Divorce then it will be better for both of you to file a mutual consent divorce in Germany and get the divorce decree from the German Court. for settlement terms you should execute a compromise deed/Settlement Deed with him and that deed should also be part of the divorce petition.

In the German Court, it may take approximately a period of one month but in India, the time is 6 months and if you reside separately from him for more than 18 months then you may get Mutual consent divorce within a month.

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You can apply at any of the places if it's mutual. Only if it's applied in Germany then that decree needs to be validated in India again for it's application in Indian court