I want to mention that we got married in register court under special marriage act, then had a hindu rituals. I just want to check if the same divorce laws are applicable in this case.
The act under which the marriage was registered may be different, but again it is another India matrimonial law, so it will remain same in meaning and spirits.
I tried for last four years, now i am done with my patience levels. Could you please suggest if there is any other alternative way to dissolve this marriage without hurting each other. I would be happy to do that way.
The only option to dissolve the marriage with happy note shall be by mutual consent alone, the contested form of divorce will leave bitter experiences.
I wanted to check if it is possible for me alone with the help of lawyer to file the mutual divorce petition and then court send summons to her on my behalf to know if she is also interested for mutual divorce. It is similar to the similar way i have done here in europe. Does that work as we both are from different places. I also wanted to know do we need to live separately for one year before applying for mutual consent in India or can i do it now as it has been four years we were married but separated for last two months. What are the evidences or information is needed if we need to apply.
There is no provision in Indian laws to send her summons for mutual consent divorce. The petition for mutual consent divorce shold be signed and presented by both before the court. This is the procedure as per Indian laws.
The one year period of separation can be said to be present even if both were living under one roof.
I understood from your responses that i could take the help of lawyer to file the petition on my behalf from europe. Is it also possible to give POA to the lawyer to represent on my behalf for the proceedings as i do not want to trouble my parents in any sense. It is my problem so i would like to deal with it myself. I could try to come whenever there is a need i have to be physically present.
A lawyer cannot be your POA agent too. A lawyer can be a POA agent but he cannot represent the case as your lawyer, he can represent you during your absence in the court for the case. So you think how you can manage the situation. Alternately you can ask ny other close relative to act as your agent.
Last question, Do i need to file the petition where i have done the registered marriage with the help of lawyer from that place or can anyone from India (different place) could also file the petition. And how does it proceed in India if the wife is not responding to any of the court summons or the petitions filed. I personally do not want to get in contact with her any longer to request her to participate.
It is not necessary that you have to engage a lawyer from that place alone, you can engage the services of a lawyer of your choice who may be practicing in any part of the country but is willing to take up your case at the place where you desire the case to be filed.
If your wife remains absent even after receiving the summons, the court will set her exparte and upon deposing exparte evidence, an exparte judgement dissolving the marriage by a decree of divorce will be granted. You dont have to be behind her for any reason.