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Parag Bhardwaj   18 October 2015

Process of divorce with mutual consent with wife living in l

Hi,

i send my wife to london for her higher studies to london in may 2013 she came twice to india in aug 2013 and may 2014, inbetween she changed her mind to come back to india and settle there as our understanding got worsed now we want to take divorce with mutual consent but she cant come to india for the same i want to know that is there any process in which i can get divorce without delay in normal process.



Learning

 11 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     18 October 2015

Sir,

 

Yes she can assign a Power of Attorney and take the divorce accordingly.

 

Warm Regards

Kapil Chandna Advocate

9899011450

SAINATH DEVALLA (LEGAL CONSULTANT)     18 October 2015

She must have been to London on a student visa,has she secured a job there? U have not clearly mentioned the reasons for divorce? Is she willing for MCD? If so she can send a POA to any of her close confidents to act on her behalf for this particular purpose only.The POA has to be routed through the Indian High Commission in London,duly attested by the officials concerned,otherwise not valid in India.But at some point of time, at least before the expiry of the cooling period she has to be present physically in the court.The court will permit the POA only during the proceedings.

Parag Bhardwaj   19 October 2015

Dear Sir

Thnx for the advice yes she went on student visa and her course has been finished in last nov 2014 her visa was till 30 dec 2014 only and her indian passport has been expired in feb 2015 she got her new passport made in london before expiring, but for visa extension the passport is deposited in the home office in london and still not been approved so she is unable appear in court till the time she dont get visa extended. kindly advice me how to proceed bcz as per her opinion she says that you can file online also for mutual divorce, is there any process of online or any process in which she can come at final hearing. 

Parag Bhardwaj   19 October 2015

pls provide the format of POA and advice the complete charges for this divorce process.

SAINATH DEVALLA (LEGAL CONSULTANT)     19 October 2015

There is this Supreme Court of India judgment in Smruti Pahariya Vs Sanjay Pahariya where the Hon'ble Supreme Court has held the personal presence of both parties required for the purpose giving evidence to show to the satisfaction of the Family court that the consent for divorce exist till the end, there is no withdrawal of the consent by either of them & if any of them is absent there will be no presumption that consent given during the first motion for the divorce shall continue till the end hence both of them should be present at the time of second motion too for ascertaining their consent for divorce. 

No online process etc.

Parag Bhardwaj   19 October 2015

Thanx Mr. Sainath if i process the papers of mutual consent and she comes on second motion at the time of finalization the case is it possible to file the papers on POA given by her for any of her known or relative in india.

Parag Bhardwaj   20 October 2015

Please advice 

SAINATH DEVALLA (LEGAL CONSULTANT)     20 October 2015

But at the time of filing MCD both the parties should be present,filing cannot be done by the POA.

b.goheel   21 October 2015

hats off to ur philanthropic thought and somehow it seems she doesnot value it.
w/o luv and affection who bear all expense of education in foreign country and in return got this.
understand ur feeling.

Parag Bhardwaj   22 October 2015

Dear Mr. Sainath

if the person is not available in india and cant come for filling the papers for mutual divorce thr should be a way because her passport is deposited in home offc of visa consulate in london for extension of visa pls see thr always a way if we file the case and any of his representative has the POA then she can come in the final hearing for signing. 

Just stucked up in this nonsense situation pls see wht can happen.

Parag Bhardwaj   22 October 2015

Thnx for appreciating Mr. Goheel have learned from my parents to do good so i did rest god see everything.


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