A divorce can only be filed on the spouses through GPA from abrod if the other spouses is in India and can appear in Court. It both of them are abroad divorce proceedings cannot be filed. She has done whatever can be done by her like 498A and all. Now there is not much she can do to you. But for filing divorce, you need to appear in Indian Court. You will also be liable for maintenance during divorce proceedings and alimony after divorce. Any divorce obtained from a foreign and Indian national is absolutely invalid and not enforceable by Indian Court. Any such proceedings in foreign is futile exercise, waste of money and time.
Divorce proceedings over virtual sessions
I am NRI, I have a job in USA and still on Employment Visa. My wife has put 498a (2017), DV(2018), 125(2019) on me. All the cases are at Evidence Stage, she has not appeared in any of them for providing evidences or statements till date. I have proof against her each false claims. I tried to contact her through messages but she has not responded to them in years as well. Sent notice for Sec9 (drafted by lawyers) no response to that as well. They just keep on asking money for separation, I am thinking of filing divorce as after almost 5 years of such treatment I feel this relationship can not go ahead. As of now wife has left for Canada for her higher studies for which also she is asking money in 125 case. She has also denied mediation earlier in 125. Can I go for divorce, I want to go for virtual hearings/mediation in family court. mostly lawyers have told that it's not a possibility as lower court does not have enough infrastructure to support virtual hearings. My concern is if I file for divorce and due to immigration issues in US I am unable to come to India for any date/mediation will that backfire ?
Asked 3 years ago in Family Law
Religion: Hindu
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10 Answers
1) file for divorce on grounds of mental cruelty .wife filing false cases against husband amounts to mental cruelty.wife refusing to stay with husband amounts to mental cruelty
2) you can execute POA in favour of family member
3) personal presence is not necessary on each date
4) virtual presence may suffice if family court has required infrastructure
Atleast your lawyer of POA should attend.
Virtual hearings are no more permitted in family courts in India, hence you have to drop such ideas.
You can file a divorce case through a POA agent in India and can appear before the court during evidence stage also.
You can manage the visa and immigration issues and get the court dates accordingly until then your power agent will take care of the regular hearings in the divorce case.
What if the court asks for mediation in the divorce proceedings, can that also be managed with POA or through virtual session with the mediator/counselor appointed by court ?
Asked 3 years ago
Your POA can appear in your behalf and your virtual presence through Skype should suffice
If the court is insisting on mediation, then both the parties are required to be present before the mediator.
It cannot be managed either through the power agent or through virtual hearing.
Since the covid restrictions have been lifted there's no virtual hearing in any court across the country.
Yes poa Or lawyer is you are unavailable
If she is not attending in case on hearing date ask judge to pass judgement on ex parte ground or dismiss order for all the cases.
You don't take initiative to file divorce, let her come on table for negotiation.
Dear Client,
Mediation Centre by an order dated September 23, 2019 pursuant to which the parties reached to an amicable settlement and then mutually sought dissolution of their marriage in terms of the settlement deed. It also must be mentioned here that when the matter was taken by Justice Ramasubramanian on June, the petitioner and the respondent were also present through the video-conferencing. The top court then disposed of the transfer petition, while recording the terms of the settlement.
- Both the parties hereto confirm and declare that they have, voluntarily and of their own free will have decided not to live together as husband and wife and have arrived at this Settlement in the presence of the Mediator.
- The parties shall jointly request and pray for divorce by mutual consent under Article 142 of the Constitution of India before Hon'ble Supreme Court of India.
- In case the Hon'ble Supreme Court grants divorce under Article 142 of the Constitution of India, the second party shall pay an amount to the First Party in her name by way of Electronic Modes as full and final settlement on account of her stridhan, maintenance, alimony and future. This amount to be paid by the Second Party to the First Party.
Virtual mediation uses platforms such as Zoom to create a virtual conference room so that both you and your spouse, and your respective attorneys, can see and interact with the mediator. The mediator will also have the ability to set up break out rooms where you and your attorney can discuss issues privately with the mediator.
Virtual mediation is efficient and cost effective. Your mediator will be prepared to discuss the specific issues that need to be resolved in your matter, instead of you waiting at a courthouse for your case to be taken by a Judge with a full calendar of other cases to hear. Your mediator will be dedicated only to you and your needs.
The Conditions required under section 13B of the Hindu Marriage Act, 1955 (‘HMA’) are as follows:
- The husband and wife have been living separately for one year or more.
- That they are unable to live together.
- Moreover, both husband and wife have been mutually agreed that the marriage has collapsed; hence marriage should be dissolved. Under these circumstances, a Divorce by Mutual Consent can be filed.
Thank You.
- 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 has already filed her cases against you , then you can contest the same with the help of lawyer in your absence , and your appearance can be exempted after moving an application before the court .
- Further, you can give POA to any relative to appear and contest the cases on your behalf , however your presence is needed at the time of evidence of the case.
- Further, if she is not appearing in her cases , then you can move an application before the court for dismissing her case , and can file a separate divorce petition on the ground of cruelty and other reasonable grounds.
