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mutual divorce

(Querist) 19 September 2017 This query is : Resolved 
Dear Advocates !

In a mutual divorce, Husband and Wife had filed a petition in Tamil Nadu. But, Husband, now, could not come to India to appear the court after 6 months.

Is there any possibility to get Divorce without appearance of Husband before the court?

please help.
Vijay Raj Mahajan (Expert) 20 September 2017
Yes he can send power of attorney for someone who on his behalf can do the process in his absence. Number of case laws in this regard that your local lawyer can refer to the Family court for getting order in this regard.
I have myself as an advocate on the basis of power of attorney of my client got the divorce by mutual consent completed without his personal presence even for one time leave aside both motions.
It all depends on the capability of lawyer tp convince the court.
Vijay Raj Mahajan (Expert) 20 September 2017
Yes he can send power of attorney for someone who on his behalf can do the process in his absence. Number of case laws in this regard that your local lawyer can refer to the Family court for getting order in this regard.
I have myself as an advocate on the basis of power of attorney of my client got the divorce by mutual consent completed without his personal presence even for one time leave aside both motions.
It all depends on the capability of lawyer to convince the court.
Rajendra K Goyal (Expert) 20 September 2017
Agree with the expert.

In recent ruling from Apex court mandatory period of 6 months can be dispensed with. Please go through complete decision for details.
Dr J C Vashista (Expert) 22 September 2017
You are anonymous author with adopted name of "Sun Law Seeker", no reply.
Consult your lawyer.


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