How to file divorce when the other party is out of country?
2 years ago
Hello,
My marriage is registered under Hindu marriage act. After 6 years of marriage we decided to for separation but my wife is out of india and i am in india. She is ready to do everything for this divorce but she dont want come to india for divorce. There is no child no dispute between us. We just need divorce. Please suggest me any alternative way other then exparte and POA process. Thank you
RAJARSHI BOSE
Responded 2 years ago
A.As your wife is not wiling to come to India for the divorce, you can seek permission of the Hon'ble Court to make the entire proceedings online. If the court permits for such proceedings, you can get the divorce by mutual consent through online hearing.
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A.Dear Sir,
You cannot get divorce without filing a divorce petition before the Family Court. Further, to file a divorce petition either mutual or otherwise power of attorney of your wife is necessary otherwise it will goes if it is file by you alone.
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You cannot get divorce without filing a divorce petition before the Family Court. Further, to file a divorce petition either mutual or otherwise power of attorney of your wife is necessary otherwise it will goes if it is file by you alone.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Hello sir.
Divorce matter ke liye dono parties ka court ke samaksh present hona jaroori hai.
Mutual consent ke aadhar par agar divorce petition dakhil ki jaati hai tab jo petition court me present ki jaati vah joint petition hoti hai. Isliye dono parties ka present hona necessary hai. Dono parties ki present ke bina mutual consent aap prapt nhi kar sakte hai.
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Divorce matter ke liye dono parties ka court ke samaksh present hona jaroori hai.
Mutual consent ke aadhar par agar divorce petition dakhil ki jaati hai tab jo petition court me present ki jaati vah joint petition hoti hai. Isliye dono parties ka present hona necessary hai. Dono parties ki present ke bina mutual consent aap prapt nhi kar sakte hai.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
You can file for divorce by mutual consent. you can get the divorce after 6 months of the application. In between that 6 month period, either of you can withdraw the petition from the court. If your wife is not willing to come India for divorce, you can file an application in the court for online hearing explaining your difficulties and situations.
Thank You.
You can file for divorce by mutual consent. you can get the divorce after 6 months of the application. In between that 6 month period, either of you can withdraw the petition from the court. If your wife is not willing to come India for divorce, you can file an application in the court for online hearing explaining your difficulties and situations.
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A.Hi,
Since you mentioned that your wife is willing to get the divorce too, you can file a petition for mutual consent divorce. There won't be any litigation or many court appearance required for that. She has to sign vakalatnama but since she is out of India you can seek permission of the court to make those proceedings online. If the competent court permits for such proceedings, you can get divorce by online hearing.
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Since you mentioned that your wife is willing to get the divorce too, you can file a petition for mutual consent divorce. There won't be any litigation or many court appearance required for that. She has to sign vakalatnama but since she is out of India you can seek permission of the court to make those proceedings online. If the competent court permits for such proceedings, you can get divorce by online hearing.
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Vaidehi Samant
Responded 2 years ago
A.Atleast for the purpose of filing of divorce she will have to come to India. Later for the proceedings you can request the Court to be conducted online through Skype, Zoom or so stating your reasons. There are instances wherein Courts have granted divorce through Skype which you can find out through the lawyer you shall appoint in your matter. Thank you.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Both of you can file joint petition for Mutual consent Divorce. If it is inconvenient for your wife to keep traveling to India for this purpose, a Vakalatnama is required to be signed in favour of her divorce lawyer who can then represent her in her absence and by post or through Courier that Joint Petition can be sent to your wife's place for her signature thereon and thereafter by post or through Courier she has to send her self attested identity proofs,recent passport size photographs and that signed petition either to your address or to her Lawyer's address for the necessary signatures on your part for filing the same before the District Court. Minimum six months waiting period is must after filing of that Mutual Consent Divorce Petition.
After six months both of you have to present yourselves again in the District court for evidence confirming the mutual consent through Affidavits in Chief and if on evidence the Court becomes satisfied,then the decree of divorce shall be granted. During this period of six months, either party may withdraw the petition from the court, in which case no divorce will be granted. At the time of evidence usually both of you may have to come to the Court physically to adduce evidence,unless the Court gives special permission for online appearance of your wife for adducing evidence.
After six months both of you have to present yourselves again in the District court for evidence confirming the mutual consent through Affidavits in Chief and if on evidence the Court becomes satisfied,then the decree of divorce shall be granted. During this period of six months, either party may withdraw the petition from the court, in which case no divorce will be granted. At the time of evidence usually both of you may have to come to the Court physically to adduce evidence,unless the Court gives special permission for online appearance of your wife for adducing evidence.
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