• I am in US and my wife wants a divorce

I am in US and my wife wants a divorce I am OK with that  and thinking of filing a mutual consent divorce my question when filing in the court should I come to India or it can be filed through a lawyer in the court.
Asked 10 months ago in Family Law from United States
Religion: Hindu
1) for filing of divorce by mutual consent you should come personally to India to file the petition 

2) you can execute POA in favour of family member 

3) mutual consent divorce does not take more than 6 months 

4) if the family court has video conferencing facilities you  can furnish your consent at time of second motion through Skype and personal presence may not be necessary 
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
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The filing would be through a lawyer but the parties are required to remain personally present in the court at time of hearing unless they execute a Power of Attorney in favour of someone to authorize him to appear in the court and make the required statement subject to his knowledge,
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
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Hello,
1) If you can not personally be present at the time of filing  for divorce by mutual consent you can do so through a power of Attorney who could be a near relative of you to represent you in the court. You will still need to engage a lawyer to assist you with filing the petition.

2) There can be just one lawyer for both you and your wife as it is a joint petition. However after six months of your filing the petition for divorce by mutual consent  you need to be present in the court to reaffirm before the judge your intentions for obtaining divorce. Upon this the the judge will pronounce the order of divorce. In short you can do away with your personal attendance at the time of filing the petition, however you need to be present at the time of Order/evidence.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
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Hi,
Filling can not take place without both the parties present in the court for a mutual consent divorce. 
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
No, for filing you will have to appear before the court. There will be counselling sessions in the court itself between you and your wife and then six months of waiting period. Thereafter again you will have to be present in the court for final pronouncement. 


Regds, 

Adv. Payal 
Payal Arora
Advocate, Pune
331 Answers
7 Consultations
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1. Where is your wife now? Is she in India or US?

2. You can execute the MCD petition at US (so can your wife if she is also staying put in US) and get it notarised before the local Indian consulate,

3. The said MCD petition can be sent to your wife (if she is in India) for filing the same,

4. Both of you shall have to appear before the Court on the day of the 2nd motion which will take place witrhin around 6 & 1/2 months form the date of filing. 
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
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You have to come to india two times to present before the court, First time at the time of filing mutual consent divorce, second time at the time of evidence and Judgement.  The rest of the hearings your power of attorney will look after. 

The condition for divorce are (1) By the time of filing mutual consent divorce, there should be one year separation and (2) After filing the mutual consent divorce petition you have to wait another 6 months more, i.e. after 6 months only you will get divorce.  

If you have any conditions, you have to mention in the mutual consent Memorandum which will be filed along with Mutual consent divorce petition. It includes, permanent alimony, child custody, distribution of properties (jeweler, gold, furniture etc)
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
The mutual consent divorce petition is a jointly signed petition to be submitted before court together by both the petitioners to be present at the time of filing the mutual consent divorce petition.
However, you  may execute a special power of attorney to any of your close relative to represent you, sing on your behalf in the joint petition and he can represent you at the time of filing the petition for mutual consent divorce before court. 
However, be aware that your presence is essential during the second motion to express and confirm your consent to divorce her on the basis of the petition before the court. 
T Kalaiselvan
Advocate, Vellore
13915 Answers
127 Consultations
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