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cryptic_79 (Software Professional)     04 September 2015

Travel to india -mutual consent divorce

Hi Experts,

I am an Indian origin British Citizen based in UK and my wife is from India . we got married in Delhi,India in April 2012.My wife is well educated .
I am separated from my wife who is now based in India now since Oct,2014. Initially wife's side gave threats to put false cases unless i pay them huge alimony but now after months of negotiation they have agreed for mutual consent divorce wihout any alimony. We asked
them to prepare a mutual consent draft petition and send it to us which they have. My questions are:
1) I understand that for mutual consent divorce i will have to come down to India. But some lawyers are saying it is not advisable to come down   to India as this might be a trap to bring me down to India and get me arrested by putting false cases and then extorting money from me and my family.
   Some lawyers are saying that by giving power of attorney to my parents/siblings divorce can be done without me having to travel to India.   Is mutual consent divorce possible by giving power or attorney? Should i ask them to file exparte divorce?
2) Is there any precautions i can take before travelling to India to safeguard against false cases registed against me?.Currently they have not  registered any cases uptill now.
3) In the petition they have asked to return all jewellery gifts given to me and my family but have not listed the items . Should we ask for an itemized    list of articles to be included in the appendix which they expect to be returned? Is the value of the articles also need to be listed?
Any help would be great. Thank you.



Learning

 5 Replies

SuperHero (Manager)     04 September 2015

@Cryptic_79 - Check with the Local Lawyer whether Power of Attorney(POA) will be accepted or not in the court. 

2. Why don't you read and make sure the MCD petition doesn't have any loop holes.

3. If POA can be accepted, then you can sign the documents and send it to the Lawyer. Then he can submit in the court.

4. Some courts allow Video Conference. Check if your court has that option.

5. Yes they can file false cases once you are in India to extort money. Make sure you check with Lawyer how it works and also check with the Police Station. See if an anticipatory bail can be arranged. 

6. Are your in Laws Greedy and Cunning people? Do you suspect that they might file false cases.

Did your wife find any new guy to get married? What is the reason they agreed for MCD without alimony. Think about it, discuss all Pros and Cons with your family members and mediators. See on what point they stand and then make a move.

6. Once you return the articles, make sure a document is signed with atleast 2 witnesses.

There are several cases in LCI where the guy is residing in UK. If you have time search and contact them. Wish You Good Luck.

advocatepassy@gmail.com 971794 (Advocate)     04 September 2015

Do not come to India, unless your lawyer obtains an anticipatory bail.  Ask the lady and her family to list what items she is claiming back from you. Then only you can check, what is with you. In most of the cases, lady takes all her jewellery with her before leaving.  I think you can give power of attorney to your family member to represent you.

saravanan s (legal advisor)     04 September 2015

poa is not allowed in mcd.you got to make yourself present at the time of filing petition, first motion after six months and second motion after one year.if you anticipate arrest by filing false cases on you then you can avail ab.

on the other hand if they file contested divorce your presence is not required all through the proceedings.you can give poa to any of your relative to represent you

vivek malhotra (Advocate)     05 September 2015

Mutual Consent Divorce can be done through attorney given to your parents as per the latest supreme court judgement. But its up to the court. For any assistance you may contact.

cryptic_79 (Software Professional)     05 September 2015

@SuperHero :- Thanks a lot for your valuable input. Can't say if inlaws can be so greedy to stoop so low as to file false case. Cannot be sure.Also since i am in UK and she is in delhi i dont know if she has found a guy or not. I checked with couple of lawyers in delhi today and they said mutual consent is NOT possible without both parties being present according to supreme court judgement. Very confused as some lawyers are saying it is possible and some saying it is not possible.

@VinodPassy :- Thanks a lot for your response. My lawyer is saying cannot get anticipatory bail as they have not files any cases yet. Cant get anticipatory bail based on threats alone. But there are saying they agreeing to mutual consent divorce might be trap for me to come to india and then they might file case. We have a draft petition prepared from their side but it  won't be enough if they are hell bent on filing false cases.

@Saravanan S:- Thanks a lot for your valuable input.

@Vivek: -  Are you saying mutual consent divorce can be done with Power of attorney given to parents? Can you refer the latest supreme court judgement which allows this? I am getting  conflicting information as some lawyers are saying it is not possible and are saying infact according to supreme court judgement both parties have to be present.


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