• Can I apply for divorce in India while I am living in USA

Currently I am living in USA and my wife & kid(3 years old) are in India. After going through so much mental agony (due to my wife & mother-in-law's behavior), I feel like hell in marriage life & decided to go for divorce. Please let me know If I can apply for divorce in India from USA. Also, should I need to appear in India for this? If yes, when and how many times?
Asked 1 year ago in Family Law
Religion: Hindu

4 answers received in 10 minutes.

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12 Answers

For filing of divorce you need not come to India. You can seek divorce from abroad. Prepare a special power of attorney in favor any of your blood relative in India on Rs. 100 stamp paper available in the office of Consulate/Indian high commissioner or at many places in U.S. giving him powers to file divorce on your behalf. Go to the office of  Consulate /Indian of high commissioner with the  spa and get the spa attested. Send the Spa to the person named. He will be entitled to file divorce on your behalf through Advocate. 

As and when your presence is required, you can appear throuh video conference

Ravi Shinde
Advocate, Hyderabad
3806 Answers
42 Consultations

5.0 on 5.0

 As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, 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.

- Since, she is residing in India presently , then take her consent for filing a mutual divorce in India 

- Further if she not agrees for the same, then you can file a contested divorce on the ground of cruelty and other grounds faced by you. 

- You can file the said case after giving POA to any one for engaging a lawyer on your behalf , if you are unable to come to India. 

- Your appearance on each and every date is not mandatory except two to three times maximum. 

Mohammed Shahzad
Advocate, Delhi
11181 Answers
149 Consultations

5.0 on 5.0

Dear Client,

You can apply for divorce in India while being in the USA by giving Power of Attorney to someone to represent you in the Indian Court. But your presence once or twice is essential during the court proceedings.

Thank you.

Anik Miu
Advocate, Bangalore
6694 Answers
74 Consultations

4.9 on 5.0

You can file for divorce in india on grounds of mental cruelty 


2) you should come down to india for filing petition 


3) you can execute POA in favour of family member to appear in court on your behalf 


4) your personal presence would be necessary during trial 

Ajay Sethi
Advocate, Mumbai
91274 Answers
6807 Consultations

5.0 on 5.0

Yes with the help of special Power of attorney, you can apply for divorce in India.

Harshad Joshi
Advocate, Ahmedabad
55 Answers

Not rated

1.  You can apply for divorce in India from USA by giving POA to one of your parents or siblings to represent you in Courts on your behalf, who in turn can sign the vakalat.

2.  Once or twice, you will be required to physically present.

Shashidhar S. Sastry
Advocate, Bangalore
4704 Answers
277 Consultations

5.0 on 5.0

If you have decided to file a divorce case in India, and if you are not able to travel to India for this purpose, you may give a power of attorney deed in favor of your father or mother to engage an advocate and file the intended case before the concerned court. 

Your presence may not be required before the court until you are required to depose evidence and subjected to cross examination after deposing evidence from your side as prosecution witness. 

Your POA agent can represent you before court during all other hearings hence you can remain in your country itself until and unless your presence is required by an order of the court. 

T Kalaiselvan
Advocate, Vellore
81456 Answers
1826 Consultations

5.0 on 5.0

Consult a local lawyer about filing for divorce. Get him to prepare a power of attorney and email it to you. Take a print out of the POA and attest it at the Consulate and send it through the mail for adjudication. By using this power of attorney, you can file petition for divorce.

  The power of attorney can be given to someone who is related to the applicant.   It will be necessary for you to be present during the trial.   

Ajay N S
Advocate, Ernakulam
4052 Answers
107 Consultations

5.0 on 5.0

In light of the travel curbs online calls can be requested.  Better go for mutual consent. 


High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2111 Answers
8 Consultations

4.9 on 5.0

Your appearance will be required at the evidence stage of the trial.


For now, you may give a PoA to your father for initiating divorce proceedings against your wife in the Family Court having competent jurisdiction in the matter.



Vibhanshu Srivastava
Advocate, Lucknow
9457 Answers
273 Consultations

5.0 on 5.0

Dear Querist

You may file a divorce case in India through your power of attorney Holder based on cruelty under section 13(1)(ia) of Hindu Marriage Act-1955.

you have to appear before the court at the time of recording of evidence in the case when the opposing counsel or party conducts cross-examination of you. 


Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6251 Answers
302 Consultations

4.9 on 5.0

Yes you can do the same. You can give a poa to the family member if any. If you need any further assistance then you can approach me through kaanoon or LinkedIn.

Prashant Nayak
Advocate, Mumbai
29605 Answers
121 Consultations

4.1 on 5.0

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