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vict498a   14 June 2016

Can we file mcd through poa of husband and wife?

Hello sirs,

We want to file mutual consent divorce using power of attorney on father's name as both husband and wife stay abroad.

My lawyer is saying family court stopped giving divorce through POA since 2016 . Is it true ? I'm from south india (Hyd) 

Can we not obtain divorce by making our parent's as POA holder ? Is it mandatory to apprear in Indian court to file the MCD and after 6 months period for closure?

We got divorced in usa and 498a case got quashed few days back and we want to file to for divorce now.

Any suggestion on this would be of great help.

Thank you



 2 Replies


Yes, it can be done.  But is advisable that you attend both dates, first motion and second motion yourself in person rather than giving POA to father.

Nitish Banka (lawyer)     14 June 2016

it is at descretion of the judge, but if parties are abroad you can file the divorce.

Thanks & Regards

Nitish Banka


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