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nonresidentindian (Tech Mgr)     12 December 2011

Applying for mcd, should i attend court in india

i staying in usa and wife in india. we want to apply for mcd, should i attend court for mcd

any options of getting mcd with out me visiting india

pls advise

thanks in advance

help is greatly appreciated



Learning

 8 Replies

**Victim** (job)     12 December 2011

No man don't need to visit india for MCD just hand over the power of attorney to your family member or attorney and you should be getting MCD although sometimes court will ask you to be present before the final decree is passed. You don't want to visit india and then get stuck for unnecessary cases in india. Also nowadays you can also pray for video conferencing for court procedures. If court ask you to be present during final decree then just show on papers that you are extremely responsible for the type of work you do and if you take any leave you will suffer extreme losses therefore you just need to hand power of attorney to your family member or lawyer and then proceed with MCD.

1 Like

**Victim** (job)     12 December 2011

Also if worst comes to worst just open a LLC under your name which is about $ 100 in any state in U.S. and then just mail the copy of your business formation to court saying that you are sole proprietor of the business and if you travel or take any leave you will be incurring losses due to lack of communication.

nonresidentindian (Tech Mgr)     12 December 2011

@**Victim**

thanks a ton

you know any cases where divorce has been granted thru video conf, this helps me a lot 

thanks again

**Victim** (job)     12 December 2011

Well there are such cases i am pasting one link for you here just go through the whole document and you will come across digital video conferencing litigation.......all the best buddy.

 

https://docs.google.com/viewer?a=v&q=cache:pCsbAmz8MDYJ:photos.state.gov/libraries/india/328646/a_z_index/victemguide.pdf+digital+video+conference+courts+in+india&hl=en&gl=us&pid=bl&srcid=ADGEESjXMAjHG_dkuApd6KRVLnafW5CLefjFeRePVfxBgOdLL2q9Ev5EgJoCsxP80UeoXItSzZ9nyZj6jOoHz_tyhCEs_6KBLfo_CAgZAqtY9GK72seZ8WcGOeW-yYXRqKbd66EFhW4M&sig=AHIEtbQSLJZ82mkGOVE4blOADCaX3C_E3w

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     12 December 2011

Certain HCs have allowed MCD on Power of Attorney.

 

Depends on your HC, you may not need to come to India.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Tonja (Senior Advocate)     13 December 2011

Please post your issue briefly in the forum.    You can file MCD from US but did you check with your wife on this?   No girl wants to give divorce keeping her husband safely :-)     I had seen many cases.    If you let me know the grounds for divorce then I can guide you in a better way.

nonresidentindian (Tech Mgr)     13 December 2011

@Tonja: while applying for MCD, should we need to provide the grounds for divorce? Wife agreed for MCD. Hence it is MCD

I suppose any lawyer would have a MCD template which could be used. correct me if I am wrong

 

 

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 December 2011

You are right, just decide who would be your PoA.

 

 

Regards,
 
Shonee Kapoor

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