Petitioner and respondent of a divorce case are out of India. The divorce petition is filed in India but during the time the case proceeds, both parties arrive at a mutual agreement in the Court of the country where they reside. The said agreement seeks to settle the issues of alimoney and the child custody + support . It also mentions that both the parties waive each other's presence in the Court in India . The agreement is signed and a video deposition is done by both the parties and their attorneys (hired in that country for the purpose) before the Court of the State they reside.
Can the petition be converted into joint consent term petition based on the above agreement and dvd of the video deposition? And if both or any one of the parties can not make it to travel down to India, can the Divorce Decree be granted in their absence? Of course their advocates and the power of attorney holders of both parties are available in the court.
