Shailesh (Businessman) 04 March 2019

Can a husband sign mutual divorce and send it via post?

My friend got married in 2010 to an IAF (Indian Air Force) non-officer sergeant rank guy. However, he barely stayed with her for not more than 4 months (in which he never gave any attention) and they are living separately since 2016.

Currently due to Indo-Pak tensions and the Pulwama suicidal attack, he has been transferred to Gujarat border with Pakistan, and can return only when tensions ease down. My queries are that

Can he sign the divorce papers and send it via mail (by post)?
Does he need to come to the court?

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2 Replies

Suhail suhail (LAWYER) 04 March 2019

You need to prepare the petition and get signed by husband and wife ,the counsel appearing can inform the court regarding absence of husband due posting of husband perticularly in Armed forces (may be pardoned from persoanl appearance)and shall presant the proof for being posted at far place.Need to plead the reason of absence before court.

If the court is satisfied that the divorce petition is mutual it can entertain and initiate proceedings.

The petition, POA , and Affidavits shall be signed and submitted with application for expemtion from appearnace on behalf of husband .The husband serving in Air force and in the presant emergency could be given relxations.

Adv. Bosat Prajot 05 March 2019

Originally posted by : Bilal U Gani
	You need to prepare the petition and get signed by husband and wife ,the counsel appearing can inform the court regarding absence of husband due posting of husband perticularly in Armed forces (may be pardoned from persoanl appearance)and shall presant the proof for being posted at far place.Need to plead the reason of absence before court. If the court is satisfied that the divorce petition is mutual it can entertain and initiate proceedings. The petition, POA , and Affidavits shall be signed and submitted with application for expemtion from appearnace on behalf of husband .The husband serving in Air force and in the presant emergency could be given relxations.