Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Abhi (Teacher)     22 July 2017

Nri divorce - need advice and assistance on this case

Hello 

I am currently based out of a foreign country outside India. My marriage is on rocks and my wife wants to separate and hence they agreed for divorce on Mutual Consent. Currently she is in India [ Hyderabad] and I am outside India. 

Due to my prior work commitments, I am not able to come to India and sign divorce petition. So Could you please advise on the options I have right now so that the divorce can be filed in my absence. I heard there is an option to give Power of Attorney to my family members. If that is true - could you please let me know for whom I can give power of Attorney ? are my cousins OK if I give Power of attorney to them ?

Also heard there is an option to attend hearings through video conference.

Regards

 



Learning

 9 Replies

Siddharth Srivastava (Advocate)     22 July 2017

You can give special power of attorney to any person of your choice. Since you are in foreign country so there are several formalities which required to be fullfilled. Sidharth 9811776422

saravanan s (legal advisor)     22 July 2017

For divorce through mutual consent the presence of both the parties is considered to be a must while filing petition as well as during the first and second motions in order for divorce to be given.but in some court if facilities like video conferencing is available the court may permit you to file the petition in absence

saravanan s (legal advisor)     22 July 2017

For divorce through mutual consent the presence of both the parties is considered to be a must while filing petition as well as during the first and second motions in order for divorce to be given.but in some court if facilities like video conferencing is available the court may permit you to file the petition in absence

Ms. Usha Hegde (CEO)     22 July 2017

No need for husband and wife to be present in court.

Susen Nath   22 July 2017

Why so afraid? Tell to ur wife send that forms by courier .and u will again resend.

Susen Nath   22 July 2017

Why so afraid? Tell to ur wife send that forms by courier .and u will again resend.

Abhi (Teacher)     22 July 2017

Thanks to All respected Lawyers for your replies.

Still I see different answers from your replies - someone advising presence is not required while others are advising my presence is required.

So I kindly request someone who can guide me and willing to offer legal services in my divorce case without my physical presence in India. Send a private message, we can take it forward from there.

Siddharth Srivastava (Advocate)     22 July 2017

The presence of both the parties is must for recording of evidence/statement.  As in your case you can appoint a special attorney who shall appear in case to record the statement on your behalf.

Adv Radhika Mehta (Advocate)     23 July 2017

A MCD Petition can be filed even in your absence but there a lot of procedures and formalities which would have to be done from your end, esp for filling. You can give a POA to your cousin. You just have to mention that he is well aware of the facts of your case.  There is an option for video-conferencing so you need not worry about the same.  I would, however, still advise you to personally come down for the filling as otherwise you will have to go before the Indian Counsulate of the country where you are presently staying and sign the POA, Petition in their presence along with other formalities which a local Hyderabad lawyer can guide you better 


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