Mutual Consent if one of the partner don't turn after separa

Hi

Seniors kindly correct me if i am wrong....

In these case if the concern party is not coming for hearing for more than three time you can claim for ex - party evidence and get the case resoloved.

Regards,

Charan

after filing for mutual consent ... there is a counselling session which has to be attended to by both the parties .... if any party does not appear before the Counsellor and thereafter before the court .... then divorce will not be granted .... and there is nothing like ex-parte divorce on a petion filed for divorce by mutual consent.

is it something like the couselling session will be on the same day when you file or it is something like after 6 month when second time we go..

why i am asking is becoz the other partner is going abroad after filling the mutual consent..

And also sinceshe is already livuing in USA since last more than year and then also counselling session is mandatory??

I think both parties have to be present during final hearing date. Find out whether general power of attorney can be accepted in the court. Some courts accept the GPA holder to  appear instead of the parties. Two years ago, family court granted divorce decree via video conference in chennai family court. [girl lives in Australia and guy lives in USA]. It all depends the judge whether he accepts or not.  Recently in a supreme court judgement, it is stated that for mutual consent divorce on the final day  both parties have to be present. If either one party is absent then the court can't grant divorce decree even though signed the mutual consent 6 months ago. I think GPA can solve this problem on the final day. Talk to your lawyer. All the best.

It will be done immediately after filing your case and within two three days and both of you have to appear before family court if there is family court established else you may get the exemption from court for second apperance of your wife for divorce.

Regards

adv.kamal.grover@gmail.com

Rahul ji,

U can file memo to court requesting Court for video conferencing for seeking her final consent and inform her of the date and time to appear via video conference setup back her place of residence in the nearest Indian High Commission / Indian Consultate office and she will be vouched by her family or POA person here in India in that court during the video conferencing. This has been done in THC, Delhi as well as it is only way possible to do now in such cases.
Rgds, D. .Arun Kumar

Hi

I have filed  mutual divorce

In these case if the concern party is not coming for hearing for more than one or two  time you can claim for ex - party evidence and get the case resoloved.

Regards,

Stephen

mail id : cfsrinvest@gmail.com