Divorce - but husband is not in India

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Divorce - but husband is not in India

Both parties are totally ok with the divorce with mutually understanding but husband is not in India n wife is in india.. Husband said I'll give divorce anytime but can't come india cz of other countries rules or work commitments so how will divorce possible if husband is out of india as an indan or can't come also..

5 months ago

Reply

Dear Client,
A mutual divorce petition can be filed before the Family Court under Section 13B of the Hindu Marriage Act through a registered POA even if one spouse stays abroad. A spouse who stays abroad can still execute a POA abroad, but the process is slightly different. His first step is to visit the Indian Embassy or Consulate of the concerned country. They will notarize the POA for him. Depending on the country, he needs to get the POA apostil-led. This is an international certification comparable to notarization. Once notarized and apostil-led, he shall send the POA to India. According to the Ministry of External Affairs, Government of India, all POAs executed outside India must be consularized by the respective Consulate. This adds an extra layer of verification and is mandatory for the POA to be valid in India. The POA needs to be registered at the local sub-registrar office. An attorney or a legal representative usually does this.

S. K. Dutta

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Helpful

Dear Client,
Ask your husband to give POA to one of his relative and then make a mutual divorce petition and submit in court. You both can file divorce by mutual consent in the Family Court where you are living. He can sign the joint petition and his notarised affidavit from the country he’s living , these documents prepared by competent family lawyer in India and send him back to India. You will put your signature on same divorce petition and get your affidavit attested by oath commissioner of the local court. These documents filed in the Family Court by your lawyer and you present in person in the court and your husband present by vedio conference in the court. After recording the joint statement in the court the court shall fix 6 months time for both your appearance and same procedure followed for court appearance by both of you if your husband can’t appear in person after 6 months. The Family Court will grant you divorce being satisfied that no issue exists between you two that need to be resolved. The six months period can be waived off in suitable cases by condoning the waiting period by the court for which your lawyer can work out. We hope that our response is helpful to you.