Mutual consent divorce with baggage

Sec 13-B is not possible without both the parties appearing and signing the Register. If you feel that HMA 1955 doesn't apply then apply for divorce in US. No deed will not suffice the criteria of the divorce decree it is challengeable at any point in time and it doesn't have any force. One thing if you are approached by any lawyer stating that it can be done via POA then it is a clear case of fraud. Please visit SIFF website we guide you on legal management.

I fully agree with the opinion of Sandykrish on the subject query.To add from my side:

In a divorce case under mutual consent, in the second motion, both the spouses are to be present before the court, appear and depose their evidence to prove their decision, this cannot be done by a POA because he is not the decision maker and his delegated power on the subject is not recognised by law.  Therefore if somebody says so, he/she is misguiding you with  some ulterior motive, or they are not knowing the law of the land.

For your second question, if you are still a Hindu, you had married a Hindu girl in India, then your marriage is deemed to have been performed under the Hindu marriage law, so dissolution of marriage by a decree of divorce through a court of law will be considered as valid divorce, other forms of divorce than this is not valid and legal.  If both have decided to get divorced, under mutual consent, it is pertinent that your appearance before the court for the purpose is must.

DEAR MR. PKP

                           YOU HAVE GONE TO THE UNITED STATES ONLY ON A H1B VISA WHICH THE EMPLOYER IN INDIA HAD ISSUED TO YOU . ANY TIME YOUR EMPLOYER CAN CALL YOU BACK TO INDIA AND SEND SOMEBODY ELSE ON THE H1B VISA . ONLY IF YOU ARE A CITIZEN OF THE UNITED STATES , YOU CAN GO IN FOR A DIVORCE IN THE UNITED STATES . AND THAT TOO YOUR MARRIAGE SHOULD HAVE BEEN CONDUCTED IN THE UNITED STATES .IF YOUR MARRIAGE IS CONDUCTED IN INDIA , THEN YOUR WIFE CAN PETITION THE HIGH COURT FOR RESTITUTION OF CONJUGAL RIGHTS ( RCR ) AND SUMMONS WILL BE SERVED ON YOU IN THE UNITED STATES FOR YOUR APPEARANCE IN INDIA . EVEN ASSUMING BUT NOT ADMITTING THAT YOU GET A DIVORCE IN THE UNITED STATES , THEN THE COPY OF THE DIVORCE ORDER WILL BE SENT TO YOUR WIFE IN INDIA , WITH PROVISION FOR APPEAL TO THE NEXT COURT IN THE UNITED STATES . SHE NEED NOT RUN FROM PILLAR TO POST FOR THE APPEAL . ONLY IN INDIA WE CANNOT SEND THE APPEAL DIRECTLY TO THE JUDGE . BUT IN FOREIGN COUNTRIES THE FAX NUMBER AND THE MAIL I.D. OF THE JUDGE TO WHOM THE APPEAL HAD TO BE SENT WILL BE MENTIONED IN THE ORDER ITSELF . YOUR WIFE CAN PREPARE AN APPEAL FROM INDIA AND FAX IT OR MAIL IT DIRECTLY TO THE JUDGE . IN SUCH A CASE THE LAWYERS IN YOUR COUNTRY WILL DEMAND A HUGE AMOUNT AND THAT NOT FOR CONDUCTING THE APPEAL BUT THEY WILL ADVICE YOU TO BRING YOUR WIFE TO THE UNITED STATES AND THEN THEY WILL CLOSE THE CASE . WE HAVE CONDUCTED SUCH AN APPEAL BY SENDING THE APPEAL DIRECT TO THE JUDGE OF THE COURT OF APPEAL . SIMULTANEOUSLY WE FILED A PETITION IN THE HIGH COURT . WE UNITED THE FAMILY AND THEY ARE NOW LIVING IN A EUROPEAN COUNTRY FROM THE YEAR 1999 . SO CONSULT THE ADVOCATES THERE AS WELL AS IN INDIA . IF YOUR MARRIAGE HAD TAKEN PLACE IN INDIA , YOU HAD NO OTHER GO BUT TO CONDUCT YOUR CASE IN INDIA ONLY . DON'T WASTE YOUR MONEY BY CONDUCTING YOUR CASE THERE . FOR CLOSING THE CASE IN EUROPE THE HUSBAND SPENT 2000 EUROS IN THE YEAR 2000 . - JOSEPH WILFRED - 21/01/2014 AT 01.57 HRS 

In the draft of divorce decree I received, she said she does not want to claim for maintenance(She has masters degree and she was earning good income before marriage).

Can  she ask for maintenance/alimony or legal expendure AFTER divorce is finalized eventhough she has not claimed at present ?

Can someone please clarify this ?

Thank you all for taking time to answer.

Do you mean to suggest that NRI is compelled to travel to India for mutually consent divorce case ?

@ PKP, NRI doesn't have 2 horns in the head, yes you are compelled to travel to India and complete the process. Leave all your social status, this is not going you to help you in any way. Land of law doesn't allow any instant noodles and instant pizza's to happen. Holding H1B visa doesn't mean that you are a citizen of US. You're beating around the bushes asking the same question in a different way. Please read through HMA 1955 and sec 13-B process for more knowledge.

To add to your first question. If she has mentioned that she is not intesreted in any maintenance also add this sentence that. All disputes regarding marital has been solved and none of the parties will put case against in the future for any reason. This will insulate you for the future cases