(Guest)

Mcd at mumbai family court while husband being abroad

Dear Lawyers,

I and my wife filed my MCD at Mumbai family court last week without any dispute / alimony hiring common lawyer. After filing case, our counselling also completed the same day and we were given date to come back after 6 months.

Now I am planning to go to USA while wife being at Mumbai. I want to do video conferrercing at the time of 2nd motion after 6 months when I won't be physically present here in India. I can give power of attorney to my father and he ll be available in court with laptop / ipad after 6 months along with my wife in court. I asked counseller about the same facility and she entrusted me that there is no problem, I can freely go abroad while power of attorney with video conferrecing will suffice my presence. I will also have to file claim afidevit and get it stamped and verified by Indian ambassy arboad that i am in USA and not present in India that time.

Now question : Is there any chance i will have to come back to India if judge asks ? Or above paper work is sufficient ? My wife is aware of the situation and she doesn't have any problem for me going to abroad. We are spliting by mutual consent.

Regards,

Samir

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4 Replies

Vijay Raj Mahajan (Advocate) 02 March 2019

If you get service of senior , sensible lawyer the process of divorce by mutual consent can be finalized within a week or 10days before you leave for USA. Six months waiting period can now be waived off by the Family Court if genuine ground exists and you have a very genuine ground to go to USA for job, definitely the court will allow the application for waiving 6 months period and finalize the divorce before you take flight for USA.

(Guest)

I know, but my lawyer doesn't agree / not capable enough to get waiver off 6 months. Hence next date is in end of Aug. I really do not want to wait. Can i still go to USA and file for claim afidivite suggested by counsellor and clerk and lawyer, appoint my father as POA and attend skype video call to waive off my physical present in Mumbai ? If i have assurity, then i want to go to USA

Dr J C Vashista (Advocate) 03 March 2019

When there is a provision for condonation of cooling period of 6 months why your lawyer is reluctant to proceed, change him/her immediately and move petition accordingly.

It would be advisable to ensure MCD is allowed.

Suhail suhail (LAWYER) 03 March 2019

You can leave for USA and if during this time court would call your presence then you have to come or it will delay your Divorce. There is no bar for you to travel and that too when your wife has no objection .