Phd student in seoul want to get contested divorce without going back to India
2 years ago
Hello all,
I am a phd student in seoul, south korea..my husband has sent me a divorce summon from india (kolkata) to India (Mumbai - where is my maternal home)I want to go for contested divorce and claim for alimony and maintainence from here can I do that? I have few doubts please help me to understand
1. Can the special attorney authority thing work for me?
2. Can I sign the couriered documents for legal proceedings and manage without going back to India?
3. Will I be considered for video conferencing hearings due to special case?
4. Shall I transfer my case and file a maintenance case against him?
Please help I'm stuck badly
1. In case of divorce proceedings, when a party resides outside the country and cannot be present for the execution of the divorce, he/she can authorize a person by way of a notarized Power of Attorney to represent him/her after submitting an application to the Family Court under Order III Rule 2 of the CPC.
2. Your SPA can Sign documents on your behalf.
3. Your SPA can do the needful, there's no need for you to be on a video call.
4. You can file a maintenance case.
Anupam Shandilya
Responded 2 years ago
A.hello,
if you have received the summons from the court and you have accepted it then my advise would be, you must contest it otherwise it will be exparte decreed against you and all your remedies and relief related to matrimony would end.
Here are your answers;
1.No in matrimonial cases power of attorney does not work
2. It will be difficult but with the court's permission it can be done
3. VC was taking place due to pandemic and it will no more be possible. Also it has to be ssne the court where the case is filed, is it VC enabled or not.
4. Transferring the case will be costly affair as you will have to be file the transfer case in Supreme Court. Yes you can file a case for maintenance.
A.Dear Madam,
My answers are as follows:
1. Can the special attorney authority thing work for me?
Ans: You can execute Special Power of Attorney in favour of your blood relation of friend and can proceed.
2. Can I sign the couriered documents for legal proceedings and manage without going back to India?
Ans: Your SPA will sign for you.
3. Will I be considered for video conferencing hearings due to special case?
Ans: Your SPA will give evidence on your behalf.
4. Shall I transfer my case and file a maintenance case against him?
Please help I'm stuck badly
Ans: You can file or transfer your case to your native place in India.
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