dario (Research) 25 May 2014

Divorce approval without physical presence

Dear all,

I am an NRI going through divorce in hyderabad.

All the things were in line, my father who holds the my power of attorney and my ex-wife, both representing each side of the case for mutual divorce attended the court date in presence of the judge.

My lawyer let us all believe that the divorce will be awarded with out my physical presence (although it is not his fault) the judge decided that my presence is required for the divorce to be awarded, and set a date 2 months from now. so my questions are

1)Is there any way we can convince the judge into awarding the divorce without my presence? because it is a mutual divorce and not contested we were thinking that it must be possible. (I am in middle of green card processing therefore my traveling to India will jeopardize my immigration application, therefore i am not looking forward to make any travel plans at this time)

2)is there a possibility like asking the judge on medical grounds that my travel is not possible at this time and convince him into awarding the divorce?

3)is it possible to ask judge if i could give my acceptance for mutual divorce via some online interaction like skype etc (my friend who is from Rajasthan told me that the judge in his case awarded him a divorce through skype)

please let me know what should i do now? any input will be appreciated a lot

Thanks

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5 Replies

Dr J C Vashista (Advocate) 25 May 2014

First motion can be granted on the basis of POA but it is mandatory to be present in second motion after 6 to 18 months period from the date of first motion.

Choose either green card or divorce.

Anand Bali Adv. (Advocate Solicitor & Consultant) 25 May 2014

In MCD Petition Petitioner an be re3presented through the POA holder but only for the first motion in the proceedings of the second motion he/she has to be present physically in the court to assign his presence and consent. You may come with in the period of 6 months to 18 months from the date of the first motion in the court.

You have to manage it by any way, if you are in need of the Divorce. Any date can be requested with in the such period of the time for moving the second motion.

Biswanath Roy (Advocate) 26 May 2014

In the second motion of hearing of Divorce your physical presence before the court is a must for legal necessity more particularly when it is requisitioned by the Court. God forbids if your father or mother die what you will do? Will you not come to India?

Adv k . mahesh (advocate) 26 May 2014

under what circumstances you friend had taken divorce with the help of skype do not know but you can extend the hearing date by filing a petition in the court that such process is going on and you would be help ful if you grant another date as it is mandatory the you should present and also file a petition through your lawyer for exemption of your presence if accepted then no problem or file a petition for extention.

T. Kalaiselvan, Advocate (Advocate) 26 May 2014

Do not be misguided by rumor mongers' advises. Take proper advise from proper people, in case you smell something suspicious, you are at liberty to seek second opinion from more talented people. As opined by learned advocates above, your Power agent can represent you before the court only to certain extent, the court will not permit him to give your evidence which is a requirement under the circumstances of your case during the second motion. Since you blame your advocate for not guiding you properly on the issue, you can ask him to represent before the court and seek an adjournment of the case giving the factual reasons for your non appearance and you may give the information to hm about your next immediate availability in India to proceed with the case. Divorce decree through skype is just a hype or myth. Dont be carried away by such absurd ideas.