Querist :
Anonymous
(Querist) 10 November 2011
This query is : Resolved
Is the presence of both the parties necessary for divorce under nutual consent u/s 13(b) of Hindu M.Act? If one of the parties living abroad, can the court grant divorce? if so, how?
ajay sethi
(Expert) 10 November 2011
yes presence of both necessary for diovrce by mutual consent . if one of parties is abroad he has to come to india on said date
Sailesh Kumar Shah
(Expert) 11 November 2011
I too agree with Mr. Ajay Sethi.
Querist :
Anonymous
(Querist) 11 November 2011
I am of the opinion that one of the consenting parties can present the application before the court with due affidavit in India and the other living abroad can send the notarised affidavit in that country with confirmation of the competent authority. I have head of such divorce u/s 13(b) HMA.
Devajyoti Barman
(Expert) 11 November 2011
Your knowledge about the procedure smacks of legal sanctity.
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