P K GHOSH (Company Executive) 19 September 2016

Mutual consent divorce filing in india by nri couple

One of my relations settled in UK and his wife, who is also a NRI and settled in UK, want to go for a divorce by mutual consent, by filing the divorce petition in India. This is because they had got married in India, and their marraige was also registered in India under the Special Marriage Act.

I would like to know the provisions for this and the procedures to be followed. Most importantly, I would like to know whether the physical presence is obligatory, and if so, on how many occasions and with what time gap?

I await the reply from my learned friends.

Regards

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4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 19 September 2016

Sir,

Can be through POA.

Warm Regards

Kapil Chandna Advocate

9899011450

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 19 September 2016

Yes it is possible and both willing easy and simple procedure.

P K GHOSH (Company Executive) 19 September 2016

Thanks for the three replies received so far. I am still not clear about the whole thing since there are two contradictory statements - one says that physical presence is mandatory, while the other says it can be addressed through the grant of Power of Attorney.

The third reply is of course only giving a general opinion. I would like to know if there are previous refernces of instances where POA has been allowed in a case of mutual divorce by a NRI couple. Alternatively I would like to know previous references of cases where a plea for exemption from personal appearance and representation through POA has been turned down.

Regards