Need divorce help

I think you are getting confused by volley of replies. Here are one last time suggested limited final options that you have based on your facts;

Basis:

1. Husband is in Dubai. Does not want to make any efforts for divorce (Mutual Consent). Cannot come to India. But says he will sign wherever required as in he has no objection to divorce.

2. Wife is in USA. Cannot come to India for divorce. She is making all active efforts to process proceedings for decree in mutual consent divorce.

Earlier suggestion given:

1. Hire an advocate in jurisdiction court. Draw joint petition and courier to husband for signature / verification. Get it done with via VC (video conference route).

OR

2. Atleast file see observation of FC and then approach HC for private laptop based VC set-up in FC and authenticated setup allowed in respective countries where husband and wife currently living in presence of Indian Consulate / Embassy authorized personals on direct pay method.

OR

3. Get ex-parte divorce in USA.

Hiccups encountered so far:

1. Advocate hired. Draft joint petition almost made. FC in Kerala donot have VC facility.

2. Bit hesitant to follow above suggestions probably due to road blocks encountered.

3. Exploring ex-part divorce in USA and its validity in India

If above are understanding / observations till date coming out from your facts then let me tell you while answering your last reply another valid procedure too;

1. First, replying to your last query on ex parte divorce taken in USA validity:- See in your own facts before us you tell us that husband is lazy/he agrees for divorce too. So even if you take ex parte divorce in USA in my opinion husband may not challenge it by coming to India. Once ex parte divorce taken you can marry. Had he had such thoughts he would have by now agreed to come for one time to India for divorce. However ex parte divorce if granted by foreign Court as not per Indian Law (grounds) can always be challenged. Indian Law protects wives after such challenge show caused. Having said so I feel your facts may not smell so after all. But you are best judge of it, I have told points of Law as they are. 

1.1 In the United States, each state has distinctive reference names for grounds for divorce. However, each state has similarities for identified fault in order for a divorce to be recognized. Some states recognize incompatibility as a ground for divorce. Incompatibility requires a separation period before a divorce can be acknowledged. The separation time period differs from state to state. Currently, all states in America identify some form of irreconcilable differences or incompatibility as a ground for divorce. Which grounds is beneficial to take ex parte divorce locally in USA only a local paid Attorney can tell you based on which State of USA you are filing. Concerning its validity it is very difficult to say today if it can be valid or not, for that on needs to see complete Judgment otherwise also if ex parte divorce taken in USA if  it is executed via Indian Court then also your presence is not required except Power Of Attorney deputed person to submit such facts.
 

2. Another un-conventional last suggestion to your facts is to get the petition made, both husband and wife give special Power of Attorney to person to adduce evidence on your behalf respectively in FC without you both appearing before FC, ask advocate to ship these two papers to you and you get the petition signed before Indian consulate General in USA under Section 3(2) of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1947 under which the documents do not require any further evidence. After signing ship papers to husband place at Dubai and he does the same and then ships both petition and respective Power of Attorney papers back to your appointed Advocate office in Ernakulam to submit at FC. Court is bound to give MCD as this Power of Attorney is valid acceptable procedure and various case laws also exists from various HC's on divorce granted on Power of Attorney when husband and wife living in overseas countries and cannot come even one time to FC.

Reasoning for para 2:

A. The advocate of the petitioners can appear in the Court on behalf of the parties and do the act as specified in power of attorney. An advocate is not an incompetent witness. He can appear in the Court and depose in the Court as a witness in respect of facts which are in his knowledge. He cannot depose in respect of the facts which are not in his knowledge and knowledge of which has been derived by him from principal without witnessing the facts himself. However, if an advocate has witnessed all those facts himself which were also witnessed by the principal, an advocate cannot be told that he cannot appear in the witness box and depose in the Court in respect of the facts known to him. Facts which are within the special knowledge of principal and are not in the knowledge of advocate can only be deposed by the principal. Whether the parties were married on a particular day, is not a private act of the parties. Marriage is normally a public act in this country and evidence can be given by anyone who has knowledge of the fact. Whether the parties are living separate or not is also known to other people associated with the parties and is not something secret. Similarly, for how long parties were living separate can be deposed in the Court by any person who is aware of the facts. If an advocate aware of these facts and can answer the questions of the Court, the advocate cannot be told that he is not a competent witness or his statement would not be recorded. Similarly an advocate, on the basis of instructions/directions given to him, can answer the queries, if there was any possibility of parties patching up and living together or the marriage has broken down irretrievably. An advocate has to be allowed to appear in the witness box and make statement. The Court may reject that part of his statement which is based on 'hearsay' or which he has no personal knowledge. But he cannot be prevented from appearing in the witness box and deposing and answering the queries. Same is the import of judgment of Supreme Court in ref.: Janaki Vasudeo Bhojwani Vs. IndusInd Bank Ltd. AIR 2005 SC 439.

B. Where the parties are living far away from the jurisdiction of the Court competent to dissolve the marriage, the parties after filing their affidavits can appoint attorneys to act on their behalf. Attorney is competent to act on behalf of the principal on the basis of power of attorney executed by the principal. The Courts have been allowing attorneys to file the petition, to withdraw the petition, to carry on proceedings in the Court on behalf of their principal in all other cases. The attorney can also act in matrimonial cases as per instructions of their principle. The Court can take necessary precautions to prevent frauds being perpetuated on it but unless the Court smells some kind of fraud being played with it, the Court should normally recognize the act of the attorneys.

Lastly like I said before in my last reply your case comes down to level of competence of an local advocate in Kerala if he can get VC (video conferencing) allowed inspite of no VC facility available by show causing various SC judgments whose link I placed in last mail and its import in marital laws in your kind of situations then well enough fine, also if your local advocate can prepare Power of Attorney papers and you follow its authentification in Indian Consulate in USA / he follows it in Indian Embassy in Dubai and gets MCD done by you two living in Dubai and USA respectively without touching India at all then also fine and well enough and in all these as there are precedents from Courts and I have shown enough ways to do so and I don’t talk in vacuum in your presented facts and I cannot help you much further in free legal portals. The efforts and convincing by showing these replies to your local advocate is in your hands and his competence is all that I can say one last time as my last reply to your thread post.