Mutual consent divorce

Dear Quriest,

As per the procedure both the parties need to appear personally in front of judge, You need to give special power of attorney to your father that he can appear on your behalf on second motion of divorce and to appoint a lawyer on your behalf.

if you are in USA courts can entertain POA for mutual consent.

Adv. Nitish Banka

9891549997

there are various judgments

 Miloo Mishra V. Arun Kumar  AIR 2009 ORI 136

The facts of the case are Husband is in USA and he cannot come for the 2nd motionof mutual consent divorce, the High court at Orissa held that court can’t insist husband to hear him and opportunity of being heard can also be waived of by the party. The affidavit of the husband is an admissible evidence and that can be acted upon and the divorce can be given to the party.

https://www.the-laws.com/Encyclopedia/Browse/Case?CaseId=519002640000

Where the parties are living far away from the jurisdiction of the Court competent to dissolve the marriage, the parties after filing their affidavits can appoint attorneys to act on their behalf. Attorney is competent to act on behalf of the principal on the basis of power of attorney executed by the principal. The Courts have been allowing attorneys to file the petition, to withdraw the petition, to carry on proceedings in the Court on behalf of their principal in all other cases. Theattorney can also act in matrimonial cases as per instructions of their principle. The Court can take necessary precautions to prevent frauds being perpetuated on it but unless the Court smells some kind of fraud being played with it, the Court should normally recognize the act of the attorneys. 

https://delhicourts.nic.in/Sep08/Vinay%20Jude%20Dias%20Vs.%20Renajeet%20Kaur.pdf

Thank you for the response, could you also please let me know the procedure to get POA. Many Thanks!!!