Execute specific POA in favour of family member to appear on your behalf 

2) your lawyer can draft divorce petition and POA and send it to you for signature 

3) it should be attested before Indian consulate 

4) your virtual presence through Skype is sufficient 

COVID  is now over in India. Yes, being in USA you can file divorce case in India also through your attorney. For rest consult with detail. 

When both parties were in India & married in India according to any of the Indian forms of marriage then the dissolution of such a marriage should be done through the Indian Family Court of the competent jurisdiction where the marriage took place, where either of the parties usually reside, or where both parties last resided together.

Who wish to take advantage of Indian laws and the legal system to avoid facing up to any foreign judicial system. Indian Marriage solemnized in India according to Indian matrimonial laws, then the Indian courts will have territorial jurisdiction to hear & decide matters relating to this marriage & the foreign court's decision may or may not be acceptable in India; hence, the best course is to get this marriage dissolved according to the Indian court's decree of divorce.

Procedure in Mutual Divorce 

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, the statements 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)
3. Fourthly, 6 months after the first motion or at the end of the reconciliation 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. A divorce decree will be granted as the Honourable court may deem fit.

Formalities to be complied with

(a) A petition is to be presented jointly by the parties to the marriage.

 (b) The parties have been living separately for a period not less than one year. It is doubtful whether it was intended by the legislators that the parties have lived separately by mutual consent or by force of circumstances or situations.

But it does not seem necessary for the court to go into that matter provided the condition of separate living under the same roof of the matrimonial home or in separate residence by the parties is satisfied. Unless the consent of any of the parties to such a petition is vitiated by coercion, fraud or undue influence, the court ought not to travel beyond the statutory condition of its jurisdiction.

(c) The parties have failed for any reason whatsoever to live together. In other words, no reconciliation or adjustment is possible between them.

(d) The parties have freely consented to the agreement of dissolution of marriage.

(e) The parties are at liberty to withdraw the petition. It seems that the petition may be withdrawn even at the instance of one party in the course of six months from the date of presentation of the petition. But when a joint motion is taken by the parties after the lapse of six months but before the expiration of eighteen months from the date of presentation of the petition for making an inquiry, the unilateral right of a party to withdraw the petition appears to be barred. But in Sureshta Devi v Om Prakash it has been held that a party to a petition for divorce by mutual consent can unilaterally withdraw his or her consent.

(f) The court must be satisfied as to the averments in the petition after making an inquiry and after hearing the parties which are initiated by a joint motion of the expiry of six months from the presentation of the petition. The expression "after hearing the parties" appearing in sub-section (2) of Section 28 of the Act does not require the presence of the parties before the court. Affidavit evidence is sufficient for this purpose by virtue of Section 40 of the Act which attracts the ­ Code of Civil Procedure 1908 and which provides in Order 19 for proof of any point by affidavits.

In a mutual divorce, you choose an advocate and ask him to prepare a mutual divorce petition and send it to you through email. Signed the petition and sent it by courier after putting your signature on it and having it attested by a notary in the US. Ask your wife to put the signature in the same, and then he can file it before the family court at Ernakulam. After six months, the case will call, you may attend, and on the same day, the case will consider, your application and allow.

If both parties are in US the same time you can also file divorce in US court .

Generally a mutual consent divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of Code of Civil Procedure and also on account of comity of Nations. Such decree of divorce granted by foreign Courts need not to be validated in Indian Courts. However, as a matter of abundant precaution, one can approach to the Indian Court for declaring that divorce is valid and binding.

- If your wife is also residing in US, then you can file the mutual consent petition in US , and the decree of divorce granted by the US court will be valid in India. 

- Further, if your wife is in India , then you will have to file a joint mutual consent petition in India after giving POA to any relative. 

- The said POA should be notarized as per rule of US , and better to attested the same from consulate of India. 

- The attorney holder will sign and appear before the court on your behalf

- However, your presence is needed at the time of second motion i.e. at the time of passing the decree of divorce , and it can be possible through webcam as well. 

Provide POA of attorney to any of your relative friend and apply for MCD. It will grant in 6 to 7 months.

POA you can attest from Indian Consulate.

For filing the divorce case in India on the grounds of mutual consent, you may engage a power agent to represent you during the first motion before the court.

However it is essential that you are required to be physically present before the court to confirm your decision for divorce and have to file an affidavit as evidence to your divorce decision along with her.

The divorce petition filed on the grounds of mutual consent can be stretched to a maximum of 18 months and not beyond that 

Mutual consent divorce decree by a foreign court is legally binding and enforceable in India, if the ground of divorce is in consonance with the provisions of the Hindu marriage act under section 13.

You can also apply for mutual consent divorce in India where in you would not have to physically appear before the court and the same can be done by way of video conferencing.

Yea but you need to execute a POA holder on your behalf and of court wants your presence then secure the same

Dear client,  

The process may vary based on the specific details of your case and the laws applicable in your jurisdiction. It is always advisable to consult with a lawyer who specializes in family law to get accurate and up-to-date advice tailored to your situation. Here are some general steps involved in divorce by mutual consent in India:

Consult with a lawyer: Engage a lawyer who specializes in family law in the jurisdiction where your marriage was registered. They will guide you through the process and provide specific advice based on your circumstances.

Draft and sign the divorce petition: Both you and your spouse will need to draft and sign a joint divorce petition. The petition should outline the terms of the divorce, such as the division of assets, custody of children (if applicable), and any alimony or maintenance payments.

File the petition: The joint divorce petition should be filed at the appropriate family court in the jurisdiction where your marriage was registered. Your lawyer can assist you with the filing process and provide the necessary guidance.

Mandatory waiting period: In India, there is typically a mandatory waiting period of 6 months after filing the joint divorce petition. During this time, you and your spouse may have to undergo counseling or mediation to reconcile. If reconciliation is not possible, the divorce can proceed after the waiting period.

Final hearing: After the waiting period, the court will schedule a final hearing. Both you and your spouse will be required to appear in court for the hearing. At the hearing, the court will review the divorce petition, ensure that the terms are fair and reasonable, and grant the divorce decree.

Regarding your situation of being in the USA, it may be possible to complete the divorce process remotely, depending on the specific laws and procedures of the jurisdiction where your marriage was registered. You can discuss this with your lawyer to explore the possibility of participating in the process from abroad. They can guide you on the requirements and procedures for remote participation.

It is important to consult with a lawyer who is well-versed in family law and has experience with divorce cases involving international elements. They will be able to provide you with accurate advice and guidance based on the laws applicable in your situation.