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Mahesh k (SE)     21 April 2010

Divorce without the husband presence

I was married on Jan-2010. And currently working in United States for a software firm and planning to dissolve our marriage on the basis of the two parties agreed upon. Currently I have applied for an extension of my work permit in United States, so I will not be in position to travel to India, since I need to re-stamp the visa in-order to re-enter to US. And also my company will not provide a long leave for this regards so I may even lose my JOB in that case. Please let me know is it any way to apply for a divorce and receive a decree of divorce without my presence or whether my wife can apply for a divorce in India and get the decree of divorce.


Kindly advice is there is any word this can be achieved.


 10 Replies

Mahesh k (SE)     21 April 2010

Sorry sir the marriage carried out Jan-2009.

niranjan (civil practice)     21 April 2010

Mutual divorce petition cannot be granted exparte.Instead ask your wife to file the divorce petition and get summon served on you,then you may not attend the court in India,in that case she will get divorce exparte.

1 Like

R.R. KRISHNAA (Legal Manager)     21 April 2010

You can file divorce in india through a power of attorney and as you are in abroad the family court will adjudicate the dispute via video conferencing and you can get divorce easily. For example in chennai lot of divorce cases of litigants residing in abroad have been decided by video conferencing. 

1 Like

Rakesh Shekhawat (Advocate)     21 April 2010

Yes Mr. R.R. Krishnaa absolutely right. Though video-conferencing for judicial proceedings is not new in India — fake stamp paper kingpin Abdul Karim Telgi’s complete trials in as many as five cases were conducted through this method — its use in resolving family disputes has gained prominence only in recent times.

The first divorce through video-conferencing in Delhi took place at Karkardooma courts in September 2006, almost a year after the technology was introduced in trial courts. It was a petition for divorce through mutual consent. Since the wife worked at a multinational company in the US, she faced difficulties in flying down to India for every hearing. As a result, the case could not proceed expeditiously. Additional District Judge (ADJ) Deepak Jagotra then suggested video-conferencing. The hearing was fixed for September 25, 2006, and the court passed the decree of divorce the same day. The woman had given the power of attorney to her father, who signed on various documents on her behalf.

1 Like

Swami Sadashiva Brahmendra Sar (Nil)     21 April 2010

Both options given above , by my friends are correct.

1 Like

Mahesh k (SE)     22 April 2010

Thanks so very much.

My marriage is carried out in Kerala- State Tirur. Is the video conference will available in such case.


valentine (Advocate)     23 April 2010

One of my Hindu family friend's daughter married a Christian boy of another state. After 8 years marriage could not work. They have one  7 years old daughter. The husband has filed a petition for Restitution of Conjugal Rights and the wife U/s 13(b) CPC divorce petition. The wife is living at natal  home since 3 years. Visitation rights are given to the husband. Husband is bent upon filing a custody case and not giving divorce. Wife wants divorce and the custody. I am on wife's side. What is the way out?

Reena Singh (ADVOCATE, DELHI)     23 April 2010

yes, the best option left to u is to go for mutual divorce thru video-confrencing. ..now,.its well practised in India.

bhagwat patil (Property due diligence 9422773303)     26 April 2010


Vasu (Financial analyst)     26 December 2013

I am from Hyderabad and living abroad, is video conferencing option present in Ranga reddy district also. Experts please advice. I am in a similar situation.

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