Christian divorce
Ramakrishna Kurup
(Querist) 08 May 2014
This query is : Resolved
My client is a working as nurse in UK.Her husband working as Engineer in Dubai.Husband is involved in money transactions with several persons in Dubai.He has almost lost his job .He has extracted a good amount from his wife saying false reasons. The husband has now no contact with wife and he is reluctant to live with her .More over he cannot return from Dubai due to his liabilities to bank and others. Family of both discussed and reached a solution for filing joint divorce petition under mutual consent .In India both parties to marriage are necessary to file the joint petition.
Now my question is whether husband can get his affidavit and joint divorce petition attested in Dubai by Indian consulate and file it in an Indian court for getting a divorce.
Devajyoti Barman
(Expert) 09 May 2014
Yes, he can file the same through this means but at the time of hearing he shall have to be physically presence. In his absence divorce can not happen.
Rajendra K Goyal
(Expert) 09 May 2014
Agree with the expert Devajyoti Barman ji.
ajay sethi
(Expert) 09 May 2014
agree with Mr Barman
T. Kalaiselvan, Advocate
(Expert) 09 May 2014
Agreed, during the hearing, he should be physically present before the court to adduce his evidence and confirm his consent.
Ramakrishna Kurup
(Querist) 10 May 2014
whether the court can admit a joint petition in this manner
V R SHROFF
(Expert) 10 May 2014
yes, but if in Family court, councillor will demand physical presence of both, and thereafter on -ve report, Judge will insist on personal presence of both the parties..
ANY REASON FOR HURRY??
Ramakrishna Kurup
(Querist) 10 May 2014
The wife has to go another country for employment .The visa processing require marital status .As married husband also has to sign visa papers. No possibility of continuing marriage ,This is the reason for hurry.
V R SHROFF
(Expert) 10 May 2014
So arrange personal appearance, if in FC.
DC rules are diff.
