Mutual divorce
Suri Kam singh
(Querist) 01 September 2015
This query is : Resolved
My son is working in good company in a lucrative position in US, He is married since last 7 years,
His wife is working in MNC in Mumbai also in lucrative position,
Now both are well setteled and do not wish to leave their respective jobs, While Husband does not want to shift to India and wife Vice Versa.
Now wife who stays with us, is thinking of Mutual separation but my son does not have time to come down to India to file papers.
Can his part of papers be submitted in US in any Indian Govt.Office while his wife does the needful in Mumbai,
Pls do explain how to go about without calling Husband back to India.
Regards
SAINATH DEVALLA
(Expert) 01 September 2015
Mutual divorce is the easiest way to get separated.it takes 6 to 8 months.No proxy divorce is allowed in India even for MCD.Is he a US citizen?
The US government has recognized the Indian Civil Marriage between US citizens with Indian under the Special Marriage Act, 1954 in India, they even recognizes the Hindu Marriage between two Hindus of whom maybe an US citizen under the Hindu Marriage Act, 1955. So what I want to tell you that once you marry in India according to any of the Indian Matrimonial laws & declare the marriage to USA authorities then you are bound by the marriage even in USA. However you may seek the decree of divorce from US courts on the grounds applicable to you but will this decree of divorce be legally applicable/recognized in India or not depends on conditions laid down in section 13 of the Civil Procedure Code & the principle laid down by the Supreme Court of India. Another point here is that the Supreme Court of India in one of its landmark judgment had recommended to the Government of India/legislature to make changes in matrimonial laws & clearly provide that for the purpose of Indian Marriages solemnized in India the decree of divorce issued by any foreign court will not be considered valid & the parties will have to obtain the decree of divorce from Indian courts only, although no final decision with regard to amendment of the matrimonial laws in India has not been done till date but once this amendment is brought about then all those foreigners who came to India for Indian Marriage with Indian citizen & who wanted their marriage dissolved by the decree of divorce from the foreign courts when back home, will not be able to get that privilege & for all purposes they will remain married under the Indian matrimonial laws even if they got a foreign court's decree of divorce. Let this be clear with all the foreign divorce lawyers/attorneys. The basic point that I told you is if this is Indian Marriage solemnized in India according to Indian Matrimonial laws then the Indian courts will have territorial jurisdiction to hear & decide matter relating to this marriage & the foreign court's decision may or may not be acceptable in India hence best course is to get this marriage dissolved according to India court's decree of divorce. If marry in India, then divorce in India as simple as this!
Another option is he can give a POA to any one of U, to sign, execute, verify and file Vakalathnama, etc.and legal proceedings, appear before the Court, give evidence, present, file, pursue, contest on behalf of executant
Power of Attorney is to be notarized in USA.and attested by area SDM of attorney,and has to routed through the Indian Embassy.
Rajendra K Goyal
(Expert) 02 September 2015
For Mutual consent divorce, it would be better and practicable that your son visits India for 2-3 days at the time of first and second motion.
