HOW MUTUAL DIVORCE, WHEN ONE PARTY IS ABSENT AFTER PETITION?

satya prusty (Querist) 17 January 2009 This query is : Resolved
After residing more then one year separate from my wife both of our parents and us realised for a mutual divorce and applied the divorce petition before the keonjhar court. Both signed on the petition and on the petition affidavit (arzi). After a week she left for USA on her project. Our advocates are saying to wait till her. I came to know that there is a power of attorney (Special Power) in which she will give to her parent to appear instead of her. When I asked about it to our advocates, they said that the district judge wants to see her at least once so that the judge can know that she wants divorce. Here in our first hearing date, the court pacer said, as you applied for mutual divorce the file will not place before the judge without the girl. In this situation our advocates saying to wait till her return. Is there any way so that I can request my advocate? It is not certain that when she will return. In this case what shuld i do?

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PALNITKAR V.V. (Expert) 17 January 2009
Normally, both parties should remain present in the case of mutual divorce. It is in the discretion of the judge whether to waive the presence of a party. you may explain the difficulties to the judge and try to convince him. otherwise you will have to approach the high court for direction under article 226 r.w.227

ARVIND JAIN (Expert) 17 January 2009
POWEER OF ATTORNEY CAN APPEAR AND MAKE STATEMENT ON HER BEHALF.

Srinivas.B.S.S.T (Expert) 18 January 2009
Power of attorney can appear at the first appearance of the parties but at the time of final appearance i.e., six months after the date of filing the 13B petition presence of both the parties in person is must. Lest you can file a petition for divorce and you can use the 13B petition signed by the the other party to prove your case. Legally the GPA holder can appear on behalf of her at the time of filing the petition but at the time of final decree she has to be present in person.