LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Seeking mutual concert divorce

Page no : 2

VenkataRamana (IT)     08 November 2014

Dear All ,

First , Thanks all for your suggestions  .I understand  that every one are experts with their own experiences , so definitely this would rise to  conflict of thoughts but i feel this forum has become a bit of extensive battle ground :) or might be i am not used to this sort of discussion .For a very novice person atleast like me who has no clue about Judiciary system will land up in scratching head in picking right things .

Option 2 : Video Conferencing .

I goggled and i have got some information 

https://www.hindustantimes.com/india-news/mumbai/couples-need-not-attend-court-in-mutual-divorce-hearings/article1-834637.aspx

If i understand rightly , i can participate in mutual divorce through video conferencing(myself in USA) and my local lawyer(Bangalore) as my representative in court .Say , if i apply in Dec 2014 later i can come after 6 months say June 2015 directly to India for Final hearing . Is my understanding right ?

Option 1 : 

What is this POA route ?

 

PS :

I would be hiring my own lawyer assisted by my friend .My wife's family are from the judicial system her own  uncle  himself is a lawyer .Initially , i thought ,  lets him take the charge of mine as well but my friend's  advised not to go and i was not completely comfortable as well with this thought so i decided to hire my own lawyer .Yes , indeed there are few cases which has common lawyer but i feeli will ot fall under such case ,

 i am working in an IT firm . One side my client is on top of my head leaving no breathing space to goggle or ponder on other  things  and the other side my wife is in good gush for mutual divorce .

i resorted to this forum to find right way and then plan my trip (2 weeks) .

CompelledToLearnLaw (Financial Examiner)     08 November 2014

Brother, POA is power of attorney.

 

The rest was explained by Tajobsindia to u in his original reply to ur query. I think it's time u discuss ur options with a lawyer in ur district back-home so that u get the information that is relevant to the court u r applying the divorce at. Even before u pick a lawyer, ask ur friend in India to let u talk to a few lawyers he trusts; let ur friend pay each lawyer a small consultation fee and u, over the phone, discuss with the lawyers, extensively, what options u have. Whoever makes most sense to u, pick him.

 

U said, "if i apply in Dec 2014 later i can come after 6 months say June 2015 directly to India for Final hearing." Brother, if the court in India, where u r applying, have provisions as mentioned in the quote below, u may not need to come to India:

 

"Divorce by mutual consent by power of attorney & video conference: Some states like Delhi allow statement of one party to be recorded through power of attorney. Some Courts along with power of attorney also conduct video conferencing for Mutual Consent Divorce. This process is quite useful and advisable in case party or parties living outside India. Thus, for Divorce by Mutual Consent for NRI is possible without physical presence. It saves time, energy and money."

Reference for the quote is below in the link; I wish the source was more reliable; I'm not at all recommending this law firm; I saw the same above quote on the websites of three different law firms; two of these law firms might be guilty of intellectual-property theft:

https://www.divorcelawyers.co.in/area-of-practice/mutual-consent-divorce/

 

Lastly, u wrote:

"Yes , indeed there are few cases which has common lawyer but i feeli will ot fall under such case"

My opponent in his argument was also suggesting that I should look up cases where one lawyer appeared for an MCD. What I don't understand is this: how will that be an example of a husband who asked his wife to provide a lawyer? All it means is that 'a' lawyer appeared on 'their' behalf. I wanted my opponent to give me an example I wanted. So that I could have had the opportunity to dissect that example to the core. I wanted some material to work with and I didn't get any.

 

There is nothing wrong with having just ‘one’ lawyer in an MCD as long as the lawyer is YOUR lawyer who is NOT RECOMMENDED BY UR WIFE. 

CompelledToLearnLaw (Financial Examiner)     08 November 2014

Just want to add: if her uncle’s a lawsmith, it means, they know all the dowry laws to ensnarl u. So pls record all their calls and try to make them say that u have not taken or demanded dowry, no cruelty occurred, u kept her happy etc. Keep all recordings on the original device and in the original file. The copies r not admissible in the court. Do a lot of recordings on a few different devices and keep them safe. Any money spent on the devices is worth the cost. Think of it as a payment for an insurance policy. Your inlaws themselves might have also taken out an insurance policy of their own: so pls be careful of what u say in ur phone conversations.

 

And u said,I understand  that every one are experts with their own experiences , so definitely this would rise to  conflict of thoughts. Trust me brother, it was no expertise or their experience which made them suggest to u that u should ask ur wife to refer to u a divorce-lawyer. It was pure insanity that offered such a risky suggestion. Please do not insult my intellect, and my ability to judge, by claiming that expertise or experience were visible anywhere in their suggestion. U wrote this query to ask them to guide u to ur destination and they pointed towards a road where the bandits r well known for ambushing travelers.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register