The best option for you is obtain divorce by Indian Court. You need not come to India. You can seek divorce from abroad. Prepare a general power of attorney in favor any of your blood relative in India on white paper giving him powers to file divorce on your behalf. Go to the office of Indian Consulate or high commissioner with the GPA and get the GPA attested. Send the GPA to the person named. He will be entitled to file divorce on your behalf through Advocate. After that counseling and other proceeding can be conducted through video conferencing. Submit all the electronic and other proof against her in court. Court can pass decree of divorce based on vc. Get the GPA attested online as walk-ins to embassy are suspended due to covid. GPA needs to be in specific format. A divorce decree of foreign Court is valid under very strict circumstances in India.
Annulment of Indian marriage in Singapore
My wife and I (both Hindus) were married 6 years ago in India and have resided in Singapore for 2 years together. We have yet to consummate our marriage due to her shyness and reluctance to participate in sexual intercourse which I have respected throughout the 6 years. If I seek an annulment in Singapore on these grounds i.e. get my marriage declared to be voidable and null, will it be valid in India as well? Our marriage was registered in India. She has returned to India this year whereas I continue to live alone in Singapore. We are both Indian citizens. I'm also curious about whether divorce or annulment proceedings in India can be conducted over video conferencing like Skype/zoom etc as covid 19 has impacted international travel greatly.
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14 Answers
If your wife participates in legal proceedings in Singapore decree passed would be valid in india
better option is to file petition for divorce in india or anullment in india
you can execute POA in favour of family member
your personal presence would be necessary during trial
You need to seek validation of the same in Indian court for the same getting admissible in India. If you need any further assistance then you can approach me through kaanoon or LinkedIn.
The petition seeking annulment of marriage can be filed within one year from the date of marriage or from the date of knowledge of the reason seeking annulment of marriage. Hence the proposed annulment petition to be filed before Singapore court is not recognized as legally valid in India for the marriage solemnized in India as per Indian laws.
You can file a contested divorce case on the grounds of cruelty citing non consummation of marriage as reason for mental cruelty.
you can go for divorce by mutual consent if both dont wish to continue
the petition can be filed in a family court in India
you can sign the petition in Singapore alongwith a POA in favour of your wife or someone else who would then do the filing work and other compliance in the family court in India
1. You can get the decree of annulment passed by the Singapore Court but that decree will not be valid in India.
2. You shall have to file an application before the related District Judge in India to get the said foreign decree validated.
3. However, since she is in India now, you can file the annulment petition in India engaging a local lawyer and then pursue the matter through video conference/court provided the said court possesses the required infrastructure to conduct video conference/court.
Thank you all for your replies. Physical presence in India truly poses an inconvenience due to international travel restrictions currently. Despite having my parent represent me via PoA, would my physical presence still be mandatory in India for the hearing or other procedures? Can the PoA specifically include a clause to offer complete executive power in regard to divorce/annulment proceedings to my parent, thereby exempting me from physically being present? Would such PoA be accepted by courts? My intention is primarily to avoid an ex-parte adjudication favouring my spouse and holding me liable to any alimony &/or reputational damage.
You will have to remain physically present for giving evidence
you cannot get exemption from being physically present during trial
you have to prove allegations made by you in the petition
The over purpose of POA is to avoid presence of parties. POA holder is entitled to take all steps/actions the giver of POA can take.
If you have given a POA deed to your parents, then your physical presence is not necessary for filing and conducting the case.
Your presence would be essential only at the time of deposing evidence and cross examination.
The alimony aspect will be decided by the court only after she is applying for it separately and it is not automatic along with the divorce case conclusion.
- If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
Further, As per Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce,
- Further, under section 12(1)(a) of Hindu Marriage Act, non consummation of marriage is a ground of divorce and annulment of marriage .
- Hence , if the marriage is not consummated then you can file a contested case there for declaring marriage as null and void, However if she will not contested the said case there then it will not valid in India.
- If she is living in India presently , then you can file that case in India with the help of any lawyer , and there is no facility to appear before the court through Skype etc.
Dear clients,
You do not have to be a Singaporean to annul your void or voidable marriage in Singapore. However, you and your spouse must be living in Singapore when you start your annulment proceedings.
Yes poa can be executed
Better file in india. Mutual consent will be tge best option. Subject to Court discretion online calls can be conducted.
G.RAJAGANAPATHY
High Court of Madras
1. In Divorce/Annulment cases, physical presence of the parties, at the time of reconciliation attempt by the Court, taking of evidence etc., are required.
2. If the concerned Court has the infrastructure to hold virtual haring then you can attend the hearing without coming to India. Otherwise, you shall have to appear physically before the Court on the dates of hearings.