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Hello World (director)     21 July 2015

Personal presence in divorce by mutual consent a must?

Hi,

Just wanted to know if personal presence is a must while filing for divorce by mutual consent or can a vakalatnama or power of attorney be given to the lawyer to represent on behalf of the counsel? Reason being the concerned here is under tremendous mental agony and does not want to go to her village / district and face all while filing for divorce via mutual consent.

Also kindly clarify, the counsil married in the Church so I suppose the Christian Marriage Act applies to the marriage, so on completion of 2 years of seperation only the counsel can file for divorce via mutual consent, am I correct?

Also, where can this mutual petition be filed? Only at the place / state of marriage or at any district / state of India? Reason being the counsil married at a district down south but is working here in Mumbai.

A quick reply will be highly appreciated.



Learning

 2 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     21 July 2015

Sir,

 

Generally personal appearence is required, but these days the courts are accepting the Power of Attorney and exempting appeaence, but that would all depend on the facts and circumstances of the case.

 

Warm Regards

Kapil Chandna Advocate

9899011450

Adv. Chandrasekhar (Advocate)     21 July 2015

In MCD matters, personal appearance is a must.  In exceptional cases, where Video conference facility is there, some courts agree for that.


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