Husband is abroad both are ready for mcd

u can file divorce under MCD 13B, of HMA 1955,  signed by both the parties and serve summon to your husband, anyway he is not going to appear, then it will set  for expartie order.

Sir isn't it that when MCD petition is filed that means that both parties have filed the petition jointly ? I am bit confused if court is going to question me that how come petition is filed jointly yet husband is not appearing. May i know if u are asking me to move application myself and then serve notice to my husband. When he will accept it then the return receipt is going to come and then i can initiate divorce proceeding. But then is that called MCD ?

sorry, i was answering another thread, it falsely got stuck withyour query, i had gone thru your query for MCD without husband in india, when u set the first motion for divorce under MCD BOTH OF U ,HAD  TO BE THERE, AND FOR SECOND TIME ALSO YOUR PRESENCE IS RQRD. u cannot move petition on your own not under 13B, if you are filing under 13 u can file and serve the summon to your husband, thru proper channel.MCD means mutual consent for divorce.

There are some courts which accept the MCD petition without the presence of one party but by his representative duly and in accordance with law has beeb appointed as Power of Attorney.  A person, who is abroad, can execute Power of Attorney by getting attested by his country's embassy/high commission there.  Some court insist the personal presence of both the parties in matrimonial disputes, as it is mandatory as per law to hold conciliation meeting atleast once.  So verify with the matrimonial court if it accepts the petition duly representated by power of attorney on behalf of petitioner.  Otherwise, he has to come down to India to get MCD decree.

Originally posted by : Adv. Chandrasekhar 09868332610
	There are some courts which accept the MCD petition without the presence of one party but by his representative duly and in accordance with law has beeb appointed as Power of Attorney.  A person, who is abroad, can execute Power of Attorney by getting attested by his country's embassy/high commission there.  Some court insist the personal presence of both the parties in matrimonial disputes, as it is mandatory as per law to hold conciliation meeting atleast once.  So verify with the matrimonial court if it accepts the petition duly representated by power of attorney on behalf of petitioner.  Otherwise, he has to come down to India to get MCD decree.

Sir may i know what other grounds i can apply divorce ? It's been 3 years he haven't come to india and i need to get out of this mess so that i can look forward for my future. I admit that me and my husband had differences and we couldn't stay together. He has agreed to give me alimony but he doesn't want to come india. At this point i want to know how to obtain divorce without husband's presence ? What if court doesn't accept power of attorney ?

If you know his address abroad, then you can file contested divorce case, where depending upon the facts of your case you can take up of the grounds of desertion and/or cruelty.  After receiving the court notice, if he does not appear, the court will proceed exparte and there is possibility you can get divorce depending upon the facts you prove in the court without having any contest from his side.  This ex-parte procedure will take up six to nine months.