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divorceboy (finance officer)     19 January 2013

Power of attorney 1st motion of mutual concern

Me and my wife both are ready for mutual concern divorce but there is one query.

(The wife is in UK for job purpose. Till now wife never came in court even her mother who is power of attorney holder came only once in court in last 7 months but in video counselling wife told she also want divorce)

(1) My wife is not ready to come to india for 1st and 2nd motion of mutual divorce.She appointed her mother as power of attorney holder and wish that her mother will go for 1st and 2nd motion of mutual divorce from her end and the wife is ready for videoconfercing or counselling. She says the wife will be online during entire process and her mother will move the joint petition from her end. is this valid? can i get mutual divorce in this way

(2) we both had given terms and conditions to each other and our lawyer will finalise and submit mutual consent  in court soon. From her end her mother will sign and from my end husband himself will sign.

(3) in terms and conditions ":Both the parties will not file any civil or criminal case against each other" so what i want to ask if i sgn mutual consent and wife did not appear in court to move first motion of mutual divorce by giving reasons like she is busy she cannot come for one more year then can i file case against her becoz earlier i will be signing mutual consent in which it is wrtten "Both the parties will not file any civil or criminal case against each other"

(4) Do judge of family court has rights to cancel 6 months cooling period when both parties has no issue against each other and want to go for divorce



Learning

 2 Replies

Tajobsindia (Senior Partner )     19 January 2013

For your question 1

Up-to-date Igyan on asked subject are mentioned by me in following links;

https://www.lawyersclubindia.com/forum/Video-conferencing-justice-to-persons-of-indian-origins-43740.asp 

https://www.lawyersclubindia.com/forum/Supreme-court-s-view-on-video-conferencing-62835.asp 

https://www.lawyersclubindia.com/forum/Need-divorce-help-61392.asp  Help yourself.

For your question 2 It is OK

For your question 3 why shall you file cases when MCD is done with between you two via video conference route?

For your question 4 the cooling period of 6 month sin a MCD proceedings cannot be waived off below
Apex Court level.

 

Chetan Joshi (Advisory/Advocacy)     20 January 2013

That would not be a constraint in getting divorce. Power of attorney holds good. And you will not have to contest, if MCD is available, grab it!!!! All you need is a professional handling the matter...

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com


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