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Manish (Software Professional)     06 March 2010

Divorce by Mutual Consent - Will Power of Attorney work

I got married in April 2009 and only after 3 months of marriage we filed a joint petition for divorce by mutual consent in district court in India. All the financial settlement was done outside the court before filing the petition and was presented alongwith the petition at the time of filing. We have been living separately since then.

Now, almost 7 months have passed and the case will be up for hearing in the court. Our decisions have not changed and we still want a divorce. We both want a divorce decree.

The problem is that i'm working abroad in Australia and cannot come to India for the hearing under any circumstances. Is this fine? Will a decree be granted in my absence? I can provide my employment letters as evidence that i'm working abroad.

Do i have to send any letter to court saying that i won't be present at the time of hearing and my decision is the same?

Will a Power of Attorney work for me? I have given a Power of Attorney to my Cousin duly notarized by an Advocate before leaving India. I have clearly mentioned in the Power of Attorney that i am going abroad for work and my cousin would represent me in the court in my absence and that my decision is still the same and i still want a divorce. I have done this as a backup but don't want to use it as the first choice.

Please guide.


 3 Replies

ad. creaminall (professional Advocate)     06 March 2010

i agree with prabhakar.

P.K.Haridasan (Advocate)     07 March 2010

Prabhakarji is correct. Time has not matured to file a divorce petition . Wait  and see Mainish.  Think twice. 

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