steph 18 February 2016

Ex parte vs mutual consent

I am married to a foreign national (we were married in india) but she left me about 6 years ago, now i have finally decided to marry again but i am still not divorced. I need a little guidance from members on this board.

1- which type of divorce proceeding is faster, ex parte or mutual consent? i know with mutual consent there is minimum 6 months waiting.

2- will i need a power of attorney from my wife for mutual consent divorce, she is currently residing in UK, will this power of attorney be attested by indian embassy there or a notary attestation will suffice since india is a part of Hague convention?

I have talked to her and she appears to be willing to cooperate in divorce proceedings.

Thanks in advance for your kind help.

Regards

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10 Replies

Sidharth 18 February 2016

Mutual concent divorce is fast. You need to sign Settlement deed with her. She need to appear once in court personally I.e on second motion of divorce.

Sidharth 18 February 2016

No need for separate lawyers , single lawyer from both parties will be sufficient.

steph 18 February 2016

Hi Sidharth, thanks for your reply, unfortunately its impossible for her to come back to india and be present in the court, i assumed that with a power of attorney there will be no need for her to be present in india.

Regards

saravanan s (legal advisor) 18 February 2016

poa cant be given in mcd as both your presence need to be there while filing petition, first and second motion.in contested divorce alone poa is allowed

Sidharth 18 February 2016

Then you can file divorce petition, let her become ex party.

steph 18 February 2016

thanks a lot saravanan s and sidharth for your valuable inputs. :) it looks like its going to take some time before i manage to get a divorce.

Sidharth 18 February 2016

If you can go to that country, where your wife is, this will also work.

Vijay Raj Mahajan (Advocate) 18 February 2016

Get power of attorney from her for divorce by mutual consent and get the same proceeded in Indian court even without her appearance even for one time in the case. I myself got poa from Australia for my client for whom I not only represented him as his counsel and also as his special power of attorney for both motions in divorce by mutual consent. If you want to check and confirm my statement made here write to me directly and I'll show certified copy of the court order for both motions in that divorce case. What I tell here is more than other members can even not imagine.

steph 18 February 2016

thanks for your valuable input mr. mahajan, could you also answer my other question regarding the attestation of power of attorney from a notary in uk insteaod of indian embassy?

Thanks and regards

Vijay Raj Mahajan (Advocate) 19 February 2016

For a foreigner no attestation is required from the Indian High Commission, The foreigner can get the power of attorney attested by the Notary Public and get that further get Appostile affixed from the UK Ministry of Home Affairs/Foreign Affairs/Law Affairs as is applicable there in that country.

This power of attorney can be given in favor of anyone in India who will do necessary jobs that the person would have done in person if was present in India.