Civil Procedure Code (CPC)

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Manish (Software Professional)     06 May 2011

Need legal advice on Divorce by Mutual Consent

Hi,

I'm an NRI and have been overseas for last 1.5 yrs. I have returned to India for a couple of weeks & would be leaving in next 8-10 days.

2 years back we had done a separation deed on a stamp paper with both parties(me & my ex-wife) agreeing & signing it. Apart from this, we had registered our case in Jalgaon court for divorce by mutual consent last year. But the case is not yet put up in the court as i was overseas.

My question is: If we try to put up the case before the court in next 8-10 days & I appear in the court but the other party(my ex-wife's side) does not appear before the court on that day then is there a provision for nominating someone on my part to handle the proceedings thereafter on basis of no-show from other side. As i need to go back after 10 days.

* Please note that money matters have already been resolved as per separation deed.

I would be again coming to India after 6 months or 1 yr on whatever date the court gives for final decree. But my concern is regarding the present situation since i can't stay for more than 8-10 days and if the other party(my ex-wife side) doesn't appear before the court as needed in case of divorce by mutual consent then are there any provisions to nominate someone on my behalf.

Requesting advice urgently.

Thanks,

Manish



 6 Replies

v.Govindaradjou (B.sc., B.L)     06 May 2011

Sir,

In case of consent divorce your presence and also your wife's presence is must. court can't set exparte order. you may file divorce on the ground of cruelty  and in this case you can appoint poer of attorney to prosecute the case but however you are the competent person to give evidence.

kumar sachin (lawyer)     06 May 2011

for a decree of divorce on mutual consent, presence of both the parties on the date fixed is a must. there is no other option.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     06 May 2011

I do agree with Gobind.

veenzar (Advocate)     07 May 2011

ASHUTOSH (lawyer)     07 May 2011

hi this is a common problem in in dia if u have a stamp paper agreement you both file a mitual divoce pettion in the court you have to given a power of attorney in favore of any of ur friend relative to represnt the matter in court

 

ashutosh(advocate)

delhi high court

mr.advocate@redieffmail.com, lawyer_indian@yahoo.co.in

vishesh kumar (0)     09 May 2011

in sec13 b divorce by mutual consent presence of the parties is must.

even now can't contest the divorce ob the basis of power of attorney. supreme court has dilvered judgement on this point


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