Me and my wife are willing to part different ways by filing mutual divorce. We have been living separately for 2 years now. I live in US and I understand that it is a 6 months process. But unfortunately, I cannot travel now due to work commitments. I have given GPA to my father in India. Is it possible to file for mutual consent through my father? I can come for the final hearing after 6 months. Some are saying it is possible and some are saying it is not. Please let me know. I have read section 13B but there is no mention about this. Could you please refer me to some judgements or orders related to this? Thanks!
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1) you can file for divorce by mutual consent and give POA to your father
2) if the family court has video conferencing facilities you can through skype inform the judge that you want divorce by mutual consent
3) judge will ask you couple of questions and if satisfied that you want a divorce by mutual consent grant you divorce decree
4) you dont need judgements
Mutual divorce can be filed through your father as GPA. There will be two hearings with an interregnum period of 6 months. No judgments are required and nobody would ask them in the court.
you may get instant divorce under article 142 by filing writ before supreme court.
no need to wait for 6 months.
contact a lawyer of supreme court.
online filing facility is available here and your personal appearance is not necessary
Your presence is important in the divorce case. You can use the power of attorney ion the limited purpose. But during the tendency of the suit ,the counselling and final day for evidence you need to be present before the court.
Hi, you can file a divorce petition while executing the GPA to your father and GPA holder can sign the petition on behalf of you and at the time final hearing after 6 months you can appear before the court for signing before the court.
2. The High Court of Madras clearly stated that you can file a petition for divorce through the GPA.
. You can get it filed through your POA holder but you shall have to be present during the 2nd motion,
2. Alternatively, you can get the MCD signed at USA and get it notarised before the authorised officer of local Indian consulate,
3. In both the cases, you shall have to appear before the Court on the day of the 2nd motion.
Dear Querist
Mutual Consent Divorce can be filed by POA holder on behalf of the party and it can be permitted by Family court where the Mutual Consent Divorce will be filed.
Vivek Sachdeva case in Delhi High Court, I have filed quashing too through POA holder, and also MCD had filed and ordered through POA Holder.
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I cannot travel now due to work commitments. I have given GPA to my father in India. Is it possible to file for mutual consent through my father? I can come for the final hearing after 6 months.
If you have executed a power of attorney deed in favor of your father to file the divorce case on the grounds of mutual consent, it is okay that he can very well sign the papers for divorce. You can visit India during the time of second motion and express and confirm your willingness for divorce on mutual consent grounds.
Some are saying it is possible and some are saying it is not. Please let me know. I have read section 13B but there is no mention about this. Could you please refer me to some judgements or orders related to this?
You need not worry about your father representing you as your power agent for this purpose. Along with the divorce papers, he can file a petition under Order III Rule 2 of CPC which contains the provisions to represet through agent.
