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can ex parte divorce be granted if one party is not in india
29-Nov-2023 (In Divorce Law)
Hello Sir I want to file a divorce case against my wife. She is not in India and she will be sending POA to her mother to contest the case. Can her mother contest the case till the end as there are no chances that she will come to India. She left India in July 2014 and I just know that she is in Australia. I am not even sure about her whereabouts. Is exparte possile?
Yes. It's possible. You can file the divorce case. She is not required to come. Exparty divorce can be secured. However, in case of mutual divorce, she needs to come one time and on second motion her POA can manage.
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Adv. Pradeep Kumar Khatana
Gurgaon | 25+ Answers
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Dear Client,
Your query is not understandable. one on hand you are asking if her mother through POA can contest the case, and on the other hand you are saying EXPARTE divorce. both are contradictory.
if your wife is ready to appoint her mother as POA to appear in the case then i advise you to go for mutual consent divorce. through this way you can get divorce decree.
as per latest judgements NRI spouse can sign the Petition of divorce later on to be signed by the other spouse in India and give power of attorney to his relative or next friend to appear on his behalf and hand over the affidavit of the spouse to the court.
for further clarification/information you can call/meet me
Regards,
Your query is not understandable. one on hand you are asking if her mother through POA can contest the case, and on the other hand you are saying EXPARTE divorce. both are contradictory.
if your wife is ready to appoint her mother as POA to appear in the case then i advise you to go for mutual consent divorce. through this way you can get divorce decree.
as per latest judgements NRI spouse can sign the Petition of divorce later on to be signed by the other spouse in India and give power of attorney to his relative or next friend to appear on his behalf and hand over the affidavit of the spouse to the court.
for further clarification/information you can call/meet me
Regards,
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Adv. Suneel Moudgil
Panipat | 200+ Answers
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Yes, if in the POA it is mentioned the reason for her not coming then it can be granted. Besides that you can also keep sending summons to her house and if nobody comes despite receiving the summons than expert divorce shall be granted. Rest you can contact me to discuss further.
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Adv. Japnam Kaur Bindra
Gurgaon | 25+ Answers
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yes an ex parte divorce is possible but only when the the due procedure of law is followed.The power of Attorney for the same can be used as it is a settled law., as there are judgements to this effect
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Adv. Sapna Malik
Gurgaon | 25+ Answers
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Ex partee decree of divorce can be granted if you file case against her taking some ground fordivorce like desertion or cruelty or other ground under Hindu marriage act and if she did not respond to the summon sent by the court .
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Adv. SP Budhiraja
Faridabad | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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