Unless and until your husband agrees no case for mutual divorce can be filed.

Therefore talk to him to make him on agree on this.

if he refuses to do so then file contested suit for divorce.

Sine you earn good you are not entitled to maintenance. 

You can file a mutual consent divorce petition in Germany if your husband agrees to it. The mutual consent divorce decree can be obtained in Germany and it will be a valid document in India. If he doesn't agree to it then a divorce petition has to be filed on various grounds as stated by you. 

A mutual consent divorce petition can also be filed in India and it takes 2 motions and 6 months to get a decree. The time may be waived off by filing an application.

Once you get the divorce in Germany that decree has to be executed in India. That is not a complex process. You don't have to appear in an Indian court after that.

File for mutual consent divorce in India 

2) if you are unable to come down to India execute POA in favour of your father or mother 

3) your virtual presence through Skype is sufficient 

4) MCD takes around 6 months 

Only local lawyer can guide you as to time taken for divorce in Germany 

always advisable to get divorce decree validated by Indian courts 

Do this India alone.  Time is six months. 

Dear Ma'am

Since your husband has already approved for mutual divorce, you can either get it in Germany or in India. You have an option open for both. However, if you wish to get it in India, you don't need to personally come to India for the proceedings, you can execute a Power of Attorney in favor of somebody who can file the case and attend the proceedings on your behalf. 

The Procedure for Filing for Mutual Divorce:

• Important Issues to be Settled before Proceeding

• Alimony/Maintenance: If one of the partners is unable to meet his daily expenses then the other needs to pay him a certain sum of amount as alimony (one-time settlement or monthly payment). It is subject to mutual understanding between the partners (husband and wife).
• Settlement of Property and Assets: Settling the ownership rights of property and asset like dwelling house, bank accounts, movable assets between the parties (Husband and wife)
• The requirement of Documents for filing Mutual Divorce Petition:

• Marriage Certificate
• Address Proof - Husband and Wife.
• Four Photographs of Marriage.
• Income tax Statement of last 3 years.
• Details of profession and Income (Salary slips, appointment letter)
• Details of Property and Asset owned
• Information about family (husband and wife)
• Evidence of Staying separately for a year
• Evidence relating to the failed attempts of reconciliation

Steps to be undertaken to Dissolve the Marriage by Mutual Consent:

 Filing of the Petition in the Family Court

A joint petition for dissolution of marriage for a decree of divorce is presented to the Family Court by both the spouses on the ground stating that they have not been able to reconcile the differences and live together. Thus, have mutually agreed to dissolve the marriage or they have been living separately for a period of one year or more. This petition has to be signed by both parties.

 First Motion order is passed, 6 Months Time period is given for the Second Motion

Order on the first motion is passed by the court. After this, a six months period is given to both the parties to a divorce, before they can file the second motion. The maximum period to file for a second motion is 18 months from the date of presentation of the divorce petition in the family court.

 Second Motion hearing and Final Decree

Once the parties have decided to go further with the proceedings and appear for the second motion, they proceed with the final hearings. This includes parties appearing and recording statements before the Family Court.

If the court is satisfied after hearing the parties that the contents in the petition are true and that there cannot be any possibility of reconciliation and cohabitation and the issues pertaining to alimony, custody of children, properties, etc are settled, Court can pass a decree of divorce declaring the marriage to be dissolved.

Divorce becomes final once the decree of divorce has been passed by the court.

Thank You

Hi, Both of you are agreed for mutual consent divorce and file a Petition in the Germany and get the divorce and further. Both of you are participating in the proceedings before the Germany court then decree obtained in the Germany court is valid in India.

Hello,

1. If your husband as well lives and works in Germany, you can file for divorce by mutual consent/default divorce in Germany and won't have to return to india for the same.
2. If your marriage took place in India and your husband is residing in India, you can file for mutual consent divorce in India and conclude it through video conferencing without having to travel to India.

No need to appear in the Indian court unless and until you husband files for divorce in the Indian Court. Once you both come to conclusion for the Mutual Consent Divorce to file in the Germany Court that would be sufficient. You can prepare MoU for that according to your both Terms & Conditions in it.

Since your husband is fully aware of his health condition on procreation issue  you can talk to him and convince him to agree for mutual consent divorce.

if he agrees for mutual consent divorce, then you can give power of attorney to your father to sign the papers on your behalf and he will sign the joint petition along with your father.

After the case is taken on the files of the court, you may need to attend the court once during the second motion to confirm the divorce decision before court and the marriage will be dissolved by a decree of divorce 

You first discuss with your husband and convince him to agree for your proposal to dissolve the marriage amicably. 

It would be better that you file the divorce case in India itself, which can be disposed within a month by filing a petition to waive the cooling period of six months. 

You can discuss with a lawyer in your hometown to  complete the formalities once your husband has agreed for mutual consent divorce.

- As per law, a Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.

- Hence, you can file a joint petition in Germany for mutual divorce ,if both parties are residing there. 

- Further, your husband and father in law having no right to your jewellery or gift items received at the time of marriage, otherwise there can be lodged an FIR against them. 

- Mutual divorce will take very short time to be decreed. 

1. Since you live in Germany you can file petition for divorce in Germany itself. The decree of German court will be valid in India if it is passed after service of summons on your spouse.

2. You do not need any validation from a court in India once the German court passes a decree of divorce.

Dear Querist, in relation to your question my advice to you is as follows:-

1. To get mutual consent divorce in Germany you must know few facts before applying for it, which are enumerated below:-

a) if you have taken German citizenship, then German civil/marriage law will apply on you, you can take mutual consent divorce there itself.

b) if you are still an Indian citizen, then you can take divorce according to German civil/marriage law but you should ask a local lawyer whether they permit it under German law or not.

c) in both situations which are abovementioned you must know that only those divorces in India are recognised which give recognition to Indian law. Mutual consent is recognised in India as well as the grounds which are taken for divorce should be also present in Indian law otherwise it will not be treated as valid divorce in india.

d) in case you wish to file mutual consent divorce in india, it is also permitted.

Feel free to call, if needed.