• Divorce in law

I got married 4yrs back and now v both have decided to move away from this relationship. I would like to know that my husband is going to abroad in another 2months after 2yrs only he will able to come India. In that case how can i get the divorce apart from mutual consent.
And i dont want to raise the complaint against him. 

We both decided that v cant be in this relationship anymore . so v both cant get hurt meanwhile we have to get a divorce .

Suggestion pls
Asked 1 year ago in Family Law from Chennai, Tamil Nadu
Religion: Hindu
1) file for divorce by mutual consent . 

2) 6 months mandatory cooling period is necessary . 

3) your husband can execute power of attorney in favour of family member . 

4) at time of second motion your husband can give give his consent for divorce to the family court through video conferencing facility 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1. Well after two years from date of filing of mutual divorce petition the case will be dismissed. He shall have to come within one year from date of filing the case.
2. So proceed accordingly. In her absence the order will not be passed.
Devajyoti Barman
Advocate, Kolkata
5131 Answers
54 Consultations
4.9 on 5.0
Both of you can apply for mutual consent divorce. If he is going abroad after 2 months then he may execute a Power of Attorney (POA) in favour of any of his relatives to appear in the court along with the lawyer he will engage. This is the only way in which divorce proceedings can reach a logical conclusion in the absence of your husband.
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
5.0 on 5.0
1) after filing of divorce petition if your husband does not appear in court or engage an advocate   court can grant you divorce decree . 

2) generally if party does not appear for more than 3 consecutive dates  after receipt of summons  court s grant divorce exparte on basis of your evidence 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
In mutual divorce no proof is required nor any allegations can be levelled.
 Unless your husband makes his presence recorded and gives  his consent on the date of final hearing no divorce would be granted.
Devajyoti Barman
Advocate, Kolkata
5131 Answers
54 Consultations
4.9 on 5.0
Hi, it is better you have to  file a  petition for divorce on the ground of cruelty and ask your husband to appear before the court and give consent for the divorce so that the matter will be completed with in two months.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
First of mall the grounds what you have stated may not be proper and supportive to the proposed divorce case.  This cannot be a reason or ground for divorce. Mere misunderstanding will not be accepted as a ground for divorce by court and the petition will be rejected. 
It is always better to go for mutual consent divorce in which no question of any other issues will be raised. If he is leaving India, ask him to return to India at least for one day for appearing before court for second motion so that the divorce can be granted, the video conferencing in divorce cases are generally not entertained due to the nature of the case. 
T Kalaiselvan
Advocate, Vellore
13883 Answers
127 Consultations
5.0 on 5.0
If you unilaterally file for divorce and your husband does not turn up in the court you will get divorce. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
5.0 on 5.0

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