• Divorce by mutual consent, husband abroad, wife in India

HI, my wife and i have agreed to divorce by mutual consent. shes in Chennai and i am in New Zealand. we are living separately since june 2009. marriage was held in chennai in  dec 2007. i have become an NZ citizen since 2013. Due to my present financial situation unable to go to india or anywhere. how can i give her the divorce to my wife  please advise
Asked 2 years ago in Family Law from New Zealand
Religion: Christian
1) your wife can send you the divorce papers to sign 

2) have the petition attested before indian consulate in new zealand 

3) you can execute POA in favour of close family relative 

4) fi the family court in chennai has video conferencing facilities you can request the court through your lawyer to permit you to appear through video conferencing 

5) if court does not have video conferencing facilities you will have to come to india personally to appear in court 

6) 6 months cooling period is granted 

7) if after 6 months both parties want divorce court will pass divorce decree 
Ajay Sethi
Advocate, Mumbai
44494 Answers
2587 Consultations

5.0 on 5.0

You can execute a POA in favour of any of your relatives in India to authorize him/her to appear in the court on your behalf along with your lawyer. The POA will have to be attested by the Indian Consulate in New Zealand. If you have the PIO card then alone you can execute the POA and have it attested by the Indian Consulate, failing which you will have to personally travel to India to appear in the court.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

Hi, your presence before the court is   must in order to file a petition for divorce either it may be petition under mutual consent or contested divorce.
Pradeep Bharathipura
Advocate, Bangalore
4538 Answers
202 Consultations

4.5 on 5.0

With out your presence and appearance before the court no mutual divorce petition can file .
13 B Procedures in court  - Steps in Court Procedure (13 B)

In all there are two court appearances in a mutual divorce
1.	First A joint petition signed by both parties is filed in court. Secondly In the first motion statement of both parties are recorded and then signed on paper before the Honourable Court.
2.	Thirdly The 6 month period is given for reconciliation, (the honourable court gives a chance to the couple to change their mind)
So you come to India and file a mutual divorce petition . 
3.	Fourthly 6 months after the first motion or at the end of the reconcile period if both parties still don't agree to come together. Then the parties may appear for the second motion for the final hearing.
4.	Divorce decree will be granted as the Honourable Court may deem fit.

Other wise (Other option)

Your wife file a divorce petition before the court and serve the notice to your Newsland address.
The court will call your presence / appearance  on the case date 
If you are not present before the court on that day the court will call your name  and recorded your absence  and made set exparty and 

she can get a exparty divorce decree from the court
Ajay N S
Advocate, Ernakulam
2758 Answers
44 Consultations

5.0 on 5.0

1. Execute a POA duly notarising it by the appropriate officer of Indian Consulate, authorising any of your friend/relative in India to represent you while filing the mutual consent divorce petition in India,

2. After that file the MCD petition before the Court at Chennai and get the decree of divorce.
Krishna Kishore Ganguly
Advocate, Kolkata
18164 Answers
439 Consultations

5.0 on 5.0

Firstly you may execute a special POA in favor of any or your close relatives to represent your mutual consent divorce case before the court by signing the papers on your behalf, let the petition get numbered and posted for second motion, .e., six months after the date of filing, during second motion also is you are not able to attend the court, you may arrange for a video conference for deposing your side  evidence, this help you to get divorce without coming to India. 
T Kalaiselvan
Advocate, Vellore
34622 Answers
373 Consultations

5.0 on 5.0

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