Is physical presence necessary for 'filing' divorce

Yes you ideally should be.....

Why do you want to escape that?

Regards

I am not avoiding, but at this point it is highly inconvenient for me to appear physically to file it(as I am overseas for some time). If possible, I would like to get process started in India by filing, and appear physically in later stages.

Your lawyer will draft a divorce petition based on the grounds for filing a divorce in India as mentioned in the Indian divorce laws. You will be expected to provide your lawyer every necessary details and documents that would facilitate him/her to file the case in the relevant court.

For filing divorce in India, you are required to hand over the following photocopies of documents to your lawyer;

·         Income Tax statements for the past 2 or 3 years

·         Details of your profession and your present remuneration

·         Your birth and family related information

·         Details of properties and assents possessed by you

Along with the above mentioned documents, you need to provide your lawyer with a detailed account of your marriage that includes, how and when you got married, and what went wrong that led to the breakup of the marital bonding with your spouse. If you are more honest in your pleadings, it will be easier for the lawyer to file a strong petition for a contested divorce. For further proceedings you will have to sign ‘vakalatnama’ to give authority to your lawyer to represent you in the courtroom. Shortly, the court will send a notice and a copy of your petition by registered post to your former spouse asking him/her to appear in the court on a specified date.

It is always suggested to have a lawyer via reference.

Regards

Chetan(dot)7679(at)gmail(dot)com

1. For filing - your presence is not necessary. You need to appear twice once for the first motion and therafter after six months. In some states courts have been allowing appearance through power of attorney.

2. I differ with Ld.Chetan when he talks about the requirment of IT returns/Assets etc. It isn't really required.

3. Find out more about the entire procedure for mutual consent at :

How to get a Mutual Consent in India :

Divorces are tough ! But so are marriges that take a toll on your physical/mental well being, divorce is no more a taboo, and people are increasingly accepting the harsh realities of their relationships, and are taking decisions so as to get into better relationships.

In India divorce if contested by the other party, can be got only by proof of cruelty (physical or mental), desertion (unjustified seperation of 2 years), adultery (s*xual intercourse outside wedlock), insanity etc.

Since the judicial system is fraught with delays and other systemic problems, a contested divorce can easily take you years in the Court.

A divorce by mutual consent on the other hand, is much more pragmatic. It is based on the idea that when two persons agree to get into a relationship out of their free consent, they should have the liberty to end it as well when it turns sour.

Now cutting to the chase, here is what you need for a mutual consent divorce :-

Before going to the Court.

i) A seperation of one year before filing the case please note that actual physical seperation is not required, even if both parties are sleeping in the same bedroom they can be said to be seperated for the purposes of mutual consent, if they are not living together as husband and wife;

ii) A flawlessly drafted MoU (Memorandum of Understanding) that settles the terms on which you part away, people don’t understand the importance of this, this is extremely important so as to end the matters with a finality once and for all, there are no loose ends and make sure there is no litigation in future;

Once the above is done – you have to get drafted the Divorce petition that encapsulates the contents of your earlier MoU.

After Court

When you file your divorce by mutual consent petition – it comes up for hearing and your statements are recorded, then the court gives you a period of 6 months (basically to think over your decision) after which,  on recording of final statements divorce decree is passed.

Monetary Settlement/Maintenance/Alimony/Child Custody issues.

A Mutual Consent petition gives you the flexibility to come to your own terms with respect to the issue. If a full and final settment is reached – the money can be paid before the court at the time of final hearing.

In all this procedure enables couples to part away amicably on a good note, without ruinous litigation, and without much expense.

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

Stay Connected on Facebook ! www.facebook.com/advocatebharatchughonthelawsofindia

Law for Layman (Laws of India Initiative) - https://www.thelawsofindia.blogspot.in

@Bharat I think you missed "contested" in between the lines of the query......

Dear sir,

Physical presence of a spouse is not required for filing a petition for divorce.

You can speak to me on 9842197857 for further clarification, if you want.

https://jeevaganadvocate.com/contact.php

1. Depending upon the state and HC, you may be able to file your divorce through PoA.

2. If you file through PoA, you may still need to come for Evidence, if certain facts are in your knowledge alone.

Regards,

Shonee Kapoor

Which state you wish to file the case in?

Regards,

Shonee Kapoor

This is in UP

On the date of filing contested divorce, petitioner need not physically present there. POA wil serve the purpose

Is it POA or just 'vakalatnama' that I shall need?

I have to inform you that in case of contested divorce, your physiacal presence is required only at the stage of evidence and there will not be need of IT return or other such documents during filing of divorce petition.

You will need to file your divorce petition along with affidavit, marriage proof, residence proof, your other document in evidence of your ground of divorce.

As far as affidavit is concerned, your advocate can prepare petition and affidavit for you, which you can read and sign and then get the same notarised in the country where you are now. Thereafter you may send it to your advocate for filing.

https://www.aegisjurist.com

https://www.facebook.com/aegisjurist

You can file divorce petition though power of attorney... your presence isnot needed...but for your cross examination, you need to remain present

your financial details are not reqd at this juncture

when the spouse files her maintenacne claim,t hen it may be needeed if called for

anamika_vichare@rediffmail.com