Hi,we got married last year in November & since then there were friction amongst us & after marriage wife lived in her home. Then in February this year we have moved abroad to Finland & although living in the same house,finally she confessed that she wishes to marry another person…… After lots of mental breakdowns,we’ve decided to get mutual divorce. My question is 1)Whether we can get divorce without coming to India at all? 2)Also what’s the best to best maximum timeline for this? We want to end this fast
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You can file petition for divorce only after expiry of one year of marriage
2) file for divorce by mutual consent in India
3) execute POA in favour of family member
4) get it attested before Indian consulate .your virtual presence through Skype in sufficient
5) mutual consent divorce takes 6 months
The two conditions make it almost
impossible for a Hindu couple married in India to get a legally valid divorce from
a foreign court since no foreign court is an acceptable one under Hindu Marriage Act and also because no foreign court is likely to consider the provisions of
Hindu Marriage Act before granting divorce.
The exceptions that Supreme Court has permitted to the above rule laid by it are as
follows in a case where husband has filed for divorce in a foreign land:
A) The wife must be domiciled and permanently resident of that foreign land AND
the foreign court should decide the case based on Hindu Marriage Act; OR
B) The wife voluntarily and effectively attends the court proceedings and contests
the claim on grounds of divorce as permitted under Hindu Marriage Act; OR
C) The wife consents to grant of divorce.
To sum up one can say that exceptions aside, a Hindu couple married in India must
seek divorce from an Indian court only.
The two notable exceptions (when a foreign decree of divorce is valid) are (a) when
the couple decides to take divorce by mutual consent OR (b) when the person who is
contesting divorce attends divorce proceedings and the foreign court grants divorce
on grounds that are permitted grounds of divorce under Hindu Marriage Act.
1. Even though Finland is not one of the countries recognised by Indian Government as a Reciprocating Country, mutual consent divorce or its equivalent divorce decree obtained from there will be recognised in India. In this case, the couple can get divorce, without coming to India at all.
2. In respect of obtaining Mutual Consent Divorce decree from India, the normal timeline is 6 months from the first motion and in certain cases, this 6 months' cooling period may also be waived off.
Please go ahead and file a mutual consent divorce via a Power of Attorney. Take note that two separate POAs have to be drafted and you should entrust your trusted person as the Attorney in your case, your advocate can file an Application along with the POA. I can draft the POAs and give you. Kindly give me details like PAN Card no. Aadhar no. and your address and who you would like to appoint as your attorney and his/her details.
You need to file divorcé through POA if you can’t come still court can ask your presence if required
For divorce, a minimum of one year period from the date of marriage is required to be lapsed. However, f ground so eexists, theneither of you can file a casefor annulment of marriage.
1. You both can act through special attorney of you each.
2. If ground so eexists, theneither of you can file a casefor annulment of marriage.
14 to 15 months will take for mutual diovrce.
Through video conferencing, divorce possible without coming to India.
Okay so many answers thank you all of you. So can I file via power of attorney & no need to visit India for the procedures!
Your understanding is correct
you can execute specific POA in favour of family member
Yes. Special power of attorney is required to be properly executed, attested by notary at embassy and be stamped and be registered in India.
You need not be physically present for the initial filing of the case.
If both agree, a divorce by mutual consent can be filed on following conditions…
Best option is obtain MCD from Finnish Court, such decree of divorce on MCD is valid in India.
Yes but you may if court directs
- 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, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- 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.
- If you both are residing in Finland , then you can file joint petition for mutual divorce there , and the decree of divorce passed by that court will be valid in India , and no validation required from Indian court.
Hi, It is better both of you can file a Petition for divorce in India. If you want you can present the divorce Petition through the GPA.
