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test singh (xyz)     24 April 2013

Want divorce

Hello Experts,

if any husband wants divorce but her wife want but not living together and dont want to come to court even she is living out side of india so up how many days husband has to wait and what he has to do?

and suppose he get divorce and after that she appears in court to revel the case after judgement of 90 days then what will happen?



 2 Replies

Tajobsindia (Senior Partner )     24 April 2013

Straight forward way ahead for you if both are agreeing for divorce but one is not present in local Jurisdiction of the Court;

1.    Make PoA papers on her behalf (asking her to whom she wants to give PoA; a relative; to an Advocate or to a close family friend whom both of you know well before and during marriage), courier papers to her, direct her to sign at marked places therein, direct her to go and get them vetted by Indian High Commissions office under Oaths Act and request her to ship them back to you.

2.    Basically she should give PoA to someone and with which Divorce case can run – serviced and you both can get decree in divorce proceedings initiated via PoA route. See some of my old replies where I explained how PoA divorce are sought.

3.    Once such proceeded Divorce is decreed, seek Certified Copy and send one via RPAD to her family another one via International Courier to her and third one again via RPAD to her Advocate or to her PoA holder person and then place a short Paper Advertisement (two newspapers) and wait 90 days.

4.    For local RPAD delivery receipt from Indian Posts shoot RTI to Post Office to tell you status of its delivery – refusal - ? Keep such reply safe.

5.    Once all prescribed as per law Appeal period (90 days) are over re-marry or proceed on life as your part of informing her that a decree in divorce proceedings where she appeared via PoA is done with.

6.    Herein only thing that she may re-open is maintenance part as a PoA person cannot bind Court to do away statutory policy made maintenance and even Chief Secretary for State cannot be made to appear in such cases to say on Oath that she is giving –up all her statutory maintenance claims post divorce. That is the only worry part thus remains post all Appeal period which very few divorced women have re-opened so generally such things donot happen but if you have read then worry will remain for which satisfactory reply can never be given unless she has personaly appeared in a divorce case and under Oath said she is giving up all her past, present and future alimony claims under any existing laws r/w her any claims for right to residence and heir ship post decree which many get under Oath mentioned in Divorce final Judgment and those are the cases which never openned up but here this is not the case in hand.

7.    Finally such divorce decree are based on proper mutual Consent Divorce grounds and adducing those grounds within allowed parameters of Law one gets decree in MCD via PoA route divorce.


nice soln.
like to knw whether this procedure is also work in india. say two spouse reside in 2 different cities.

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