Anu Bhaskar (Student) 01 July 2016

Mutual divorce

Dear all, My husband nd me are willing to file a mutual divorce. But he is working abroad nd will be coming next month. Since he is on vacation, he might go back within 2 mnths. As per my knowledge it takes 6 mnths for the second sitting. At this situation what will i do

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(Guest)

According to a 2013 amendment passed by central Govt, divorce can be granted to a woman if her husband signs MCD once but not the second time.

Vijay Raj Mahajan (Advocate) 02 July 2016

No amendment in the Hindu Marriage Act,1955 for no appearance in second motion after six months, please do not give wrong information to innocent people here.

The best course in your case can be that after appearing for first motion now for the divorce by mutual consent, your husband can give special power of attorney to someone related to him for appearing on his behalf and carrying on the court process on his behalf at the time of second motion after six months in the Family Court in India, the SPA is usually allowed for the process in genuine cases like that in your case.