namesake_01 (Consultant) 11 June 2012

Procedure for mutual consent

My wife wants to file a divorce petition by mutual consent. She resides in Bangalore and I am working in US. We got married in 2008 in Kerala and have resided together in Kerala, Mumbai and the US till 2011 Jan. She stayed back in India in the pretext of completing her MBA and after a few months has decided to go for divorce. I had visited Bangalore to talk to her in June 2011 but we didnot stay together at that time.

My questions are

Can she file a divorce in Bangalore ?

If she send me the papers for divorce with mutual consent, do i need to appear in court ?

What is the time period for the case to be taken up after my signature

Is Counselling possible..can she be forced to take up counselling; since she doesnot want to listen to me or parents(mine/hers)

i donot have vacation time this year..how can this be delayed ?

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2 Replies

Kiran Kumar (Lawyer) 11 June 2012

If you both wish to proceed with the Divorce by way of mutual consent then file a petition where the marriage was solemnized or at a place where both the parties last resided together.

you may give Power of Attorney in favour of some relative to make necessary statement on your behalf.

a few lawyers may have a contrary view on POA advice, but there are sufficient number of judgments which say the party may appear through POA.

Engage some lawyer for proper process.