Need divorce help

@ Leah,

Yes, we do have solution to your query.

1. Ask him to hire / consult / draw MCD petition n MoU via a local Advocate in India.

2. Based on Jurisdiction as per personal law used to get married ask local Advocate to search if the Jurisdiction court has video conference facilities.

3. Ask local advocate to Blue Dart to you vakalatnama and petition and MoU copies for signature and Notary / Indian Consulate Attestation.

4. Opt for video conference mutual consent divorce

5. Contact Indian Consulate generals Office nearest to you to allow you to use Video

Conference facility on date of hearing as set / conveyed to you by Indian Court.

6. Read one of my previous post  on video conference in link

https://www.lawyersclubindia.com/forum/Video-conferencing-justice-to-persons-of-indian-origins-43740.asp  

7. Video conferencing in Indian courts was introduced in 2003. By March 2008, it was reported  that using video conferencing for witness examination in court was now wide spread in India courts and prisons.  Maharashtra, Andhra Pradesh, Tamil Nadu, Gujarat and Bihar now use what they call tele-justice.

Additionally over 40 jails in and around Mumbai are connected to district level courts

through video conferencing. Andhra Pradesh was among the first states to connect 15 district courts with prisons in the state through video conferencing facilities.

Video conferencing has been used to record witness statements and the deposition of those waiting trial in jail. It removes the need to bring the prisoner to the court, saving on the huge costs of taking them there and it has helped to reduce the backlog in judicial cases for the shortage of policemen to escort the prisoners to court which in turn led to delays in the trial process. 

This increase in use meant that the Family courts, matrimonial cases and overseas cases were being heard by most judges, and the back-log of cases was being rapidly reduced.

Meanwhile in Bangalore, a multipoint video conference was used by the Karnataka High Court  with a further roll out within the next 12 months in Bidar, Raichur, Chitradurga, Mandya, Tumkur, Uttara Kannada, Shimoga, Dakshina Kannada, Hassan, Madikeri, Chikmagalur and Kolar.

8. Read News link on video conference divorce in Gujarat State

https://www.indianexpress.com/news/surat-couple-gets-divorce-through-video-conference/939238/

https://articles.timesofindia.indiatimes.com/2010-07-05/ahmedabad/28277429_1_video-conferencing-webcam-family-court  

9. Read News link on video conference divorce in Tamil Nadu State

https://www.hindu.com/2007/09/21/stories/2007092162350800.htm

10. Read News link on video conference divorce from State of Delhi (NCR)

https://www.divorce360.com/blogs/2008/3/3/inthenews/india-to-allow-video-conferencing-divorce-blog-4526  

You Tube - https://www.youtube.com/watch?v=LuqM37QRe7s  (In Hindi)

11. Read News link on video conference divorce from Maharashtra

https://www.hindustantimes.com/India-news/Mumbai/Couples-need-not-attend-court-in-mutual-divorce-hearings/Article1-834637.aspx

All the best.

Rajeev suggestion is good

i need help in filling divorce i got married on feb2012 since then v didnt had physical connection she is refusing .. if i file i will get problems, how to come over this problem i want divorce she too .. pls help me

मैंने जॉब करती हु तो भी ,  तो क्या  मेरे पति मुझे montly maintaince  देंगे क्या.

मैंने भी उनके खिलाफ FIR 498a,406,504, 506(2) डाली है. 

i need help in filling divorce i got married on feb2012 since then v didnt had physical connection she is refusing .. if i file i will get problems, how to come over this problem i want divorce she too .. pls help me

non consumation of the marriage is good ground for divorce.  Ofcource u would be slapped with 498A, DV case, maintenance and etc.,

FIND REASON FOR NON CO-OPERATION AND COUNSEL YOUR WIFE TO THE POSIBILITIES

THEN THINK OF FILING A CASE.

GOOD LUCK

thanku sir

Originally posted by : Rajeev Rakheja aka tajobsindia
	@ Leah,   Yes, we do have solution to your query. 1. Ask him to hire / consult / draw MCD petition n MoU via a local Advocate in India. 2. Based on Jurisdiction as per personal law used to get married ask local Advocate to search if the Jurisdiction court has video conference facilities. 3. Ask local advocate to Blue Dart to you vakalatnama and petition and MoU copies for signature and Notary / Indian Consulate Attestation. 4. Opt for video conference mutual consent divorce 5. Contact Indian Consulate generals Office nearest to you to allow you to use Video Conference facility on date of hearing as set / conveyed to you by Indian Court. 6. Read one of my previous post  on video conference in link https://www.lawyersclubindia.com/forum/Video-conferencing-justice-to-persons-of-indian-origins-43740.asp   7. Video conferencing in Indian courts was introduced in 2003. By March 2008, it was reported  that using video conferencing for witness examination in court was now wide spread in India courts and prisons.  Maharashtra, Andhra Pradesh, Tamil Nadu, Gujarat and Bihar now use what they call tele-justice.   Additionally over 40 jails in and around Mumbai are connected to district level courts through video conferencing. Andhra Pradesh was among the first states to connect 15 district courts with prisons in the state through video conferencing facilities.   Video conferencing has been used to record witness statements and the deposition of those waiting trial in jail. It removes the need to bring the prisoner to the court, saving on the huge costs of taking them there and it has helped to reduce the backlog in judicial cases for the shortage of policemen to escort the prisoners to court which in turn led to delays in the trial process.    This increase in use meant that the Family courts, matrimonial cases and overseas cases were being heard by most judges, and the back-log of cases was being rapidly reduced.   Meanwhile in Bangalore, a multipoint video conference was used by the Karnataka High Court  with a further roll out within the next 12 months in Bidar, Raichur, Chitradurga, Mandya, Tumkur, Uttara Kannada, Shimoga, Dakshina Kannada, Hassan, Madikeri, Chikmagalur and Kolar.   8. Read News link on video conference divorce in Gujarat State   https://www.indianexpress.com/news/surat-couple-gets-divorce-through-video-conference/939238/   https://articles.timesofindia.indiatimes.com/2010-07-05/ahmedabad/28277429_1_video-conferencing-webcam-family-court   9. Read News link on video conference divorce in Tamil Nadu State   https://www.hindu.com/2007/09/21/stories/2007092162350800.htm   10. Read News link on video conference divorce from State of Delhi (NCR)   https://www.divorce360.com/blogs/2008/3/3/inthenews/india-to-allow-video-conferencing-divorce-blog-4526     You Tube - https://www.youtube.com/watch?v=LuqM37QRe7s  (In Hindi)   11. Read News link on video conference divorce from Maharashtra   https://www.hindustantimes.com/India-news/Mumbai/Couples-need-not-attend-court-in-mutual-divorce-hearings/Article1-834637.aspx   All the best.

 Thanks Rajeev!

I searched online to see if the family court in my city- (Kochi, Kerala) has it, no luck. If that is the case what else can be done. He is not willing to go to lawyer and do all the paperwork. He says he will sign where ever I wnat him to. Is there any other way I can obtain divorce? Also, I have heard i can get an uncontested divorce here in New Jersey but isthere a way to validate it in India and get legally dorved there also?

He is in Dubai at the moment, Is there a way we can sign all the paperwork and from both Indian consulates and send it to India?

I know it is a difficult scenario, Is there any provisions in the system for these kind of situations?

Appreciate all your help

Originally posted by : Rajeev Rakheja aka tajobsindia
	@ Leah,   Yes, we do have solution to your query. 1. Ask him to hire / consult / draw MCD petition n MoU via a local Advocate in India. 2. Based on Jurisdiction as per personal law used to get married ask local Advocate to search if the Jurisdiction court has video conference facilities. 3. Ask local advocate to Blue Dart to you vakalatnama and petition and MoU copies for signature and Notary / Indian Consulate Attestation. 4. Opt for video conference mutual consent divorce 5. Contact Indian Consulate generals Office nearest to you to allow you to use Video Conference facility on date of hearing as set / conveyed to you by Indian Court. 6. Read one of my previous post  on video conference in link https://www.lawyersclubindia.com/forum/Video-conferencing-justice-to-persons-of-indian-origins-43740.asp   7. Video conferencing in Indian courts was introduced in 2003. By March 2008, it was reported  that using video conferencing for witness examination in court was now wide spread in India courts and prisons.  Maharashtra, Andhra Pradesh, Tamil Nadu, Gujarat and Bihar now use what they call tele-justice.   Additionally over 40 jails in and around Mumbai are connected to district level courts through video conferencing. Andhra Pradesh was among the first states to connect 15 district courts with prisons in the state through video conferencing facilities.   Video conferencing has been used to record witness statements and the deposition of those waiting trial in jail. It removes the need to bring the prisoner to the court, saving on the huge costs of taking them there and it has helped to reduce the backlog in judicial cases for the shortage of policemen to escort the prisoners to court which in turn led to delays in the trial process.    This increase in use meant that the Family courts, matrimonial cases and overseas cases were being heard by most judges, and the back-log of cases was being rapidly reduced.   Meanwhile in Bangalore, a multipoint video conference was used by the Karnataka High Court  with a further roll out within the next 12 months in Bidar, Raichur, Chitradurga, Mandya, Tumkur, Uttara Kannada, Shimoga, Dakshina Kannada, Hassan, Madikeri, Chikmagalur and Kolar.   8. Read News link on video conference divorce in Gujarat State   https://www.indianexpress.com/news/surat-couple-gets-divorce-through-video-conference/939238/   https://articles.timesofindia.indiatimes.com/2010-07-05/ahmedabad/28277429_1_video-conferencing-webcam-family-court   9. Read News link on video conference divorce in Tamil Nadu State   https://www.hindu.com/2007/09/21/stories/2007092162350800.htm   10. Read News link on video conference divorce from State of Delhi (NCR)   https://www.divorce360.com/blogs/2008/3/3/inthenews/india-to-allow-video-conferencing-divorce-blog-4526     You Tube - https://www.youtube.com/watch?v=LuqM37QRe7s  (In Hindi)   11. Read News link on video conference divorce from Maharashtra   https://www.hindustantimes.com/India-news/Mumbai/Couples-need-not-attend-court-in-mutual-divorce-hearings/Article1-834637.aspx   All the best.

 Thanks Rajeev!

I searched online to see if the family court in my city- (Kochi, Kerala) has it, no luck. If that is the case what else can be done. He is not willing to go to lawyer and do all the paperwork. He says he will sign where ever I wnat him to. Is there any other way I can obtain divorce? Also, I have heard i can get an uncontested divorce here in New Jersey but isthere a way to validate it in India and get legally dorved there also?

He is in Dubai at the moment, Is there a way we can sign all the paperwork and from both Indian consulates and send it to India?

I know it is a difficult scenario, Is there any provisions in the system for these kind of situations?

Appreciate all your help

@ Leah,

1. Yes I'm aware Ernakulum FC does not have VC right now but Kerala HC has.

2. The solution is to give PoA to one of your local relative and or to the Advocate and get the mutual consent process started.

3. A problem you will encounter following para 2; i.e. as per FCA, 1984 Rules re-conciliatory proceeding is a mandatory proceedings which received much criticism from your kind of cases as well as general public who don’t want to go through reconciliation due to hardship and or pecuniary situations. But the proceeding is in-corporated in The Act and has not found to be ultra - vires.  Still FC has given MCD to couples as news links and precedents says so.

4. Regarding your lazy husband expecting Decree Sheet on a silver platter the suggestion is to take charge and become pro-active by first contacting through reference a FC Advocate practicing in Ernakulum FC. Get the divorce by mutual consent paper work done and get lazyships (your husband's) signature and PoA work pass through instead of too much procrastinating about the situation when there is no issue to begin with here J  

5. I cannot give you end result right now unless some efforts by queriest and or your husband is done with. As and when things progresses and if you face any hurdles I'm just a message away to solve the developments.

Observation: It seems you did not go through properly all the news links which has reference of FAMILY COURT = FC in them otherwise the solution was right in front of you.

thanks sir

most properly elders are dissusing on mutual divorce pls help me what measure i have to take

I cousulted my lawyer and he says it is rare to allow the video conferencing facility in EKM high court.Basically he is for going that route. Do you know if there is a video confferencing facility at Trissur Family court? He has agreed to draft the mutal consent paperwork and also the one for me to file in case he backs out. He said I can get an ex parte divorceif I contest but I have to have to be present atleast for one hearing. He cant see anyway that we can get it done without me going to India.  Do you think my lawyer is not sure of wat he is talking about? Do I need to go to another lawyer?

Thanks!

If I take ex prte divorce, what is the process to get it validated in India. In that case will I be able to get it all done without going to India?

Is there anything I should know on how to file it here so there are no issues when I have to gte ot validated in India?

Thanks!