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How can we file for mutual divorce if one of the party is not in India


16-May-2023 (In Divorce Law)
Hello, i have applied for divorce but the other petitioner is not living in India, so how can i proceed with divorce process, he agreed to give divorce
Answers (5)

Answer #1
884 votes
Dear Client,
You can send summons through Embassy or if he agrees for divorce ask him to cooperate for come over to India for filing joint petition for divorce on mutual consent. Now court can dispense with 6 months period for granting divorce as he a working in a foreign country.

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Answer #2
898 votes
Hi
the other side can now attend the court proceedings through skype or other video conferencing proceedings.
But in order to permit the other side to attend court proceedings through skype or video conferencing you need to obtain prior court permission.
Answer #3
787 votes
If one of the party is not residing in India, has to send a Special Power of Attorney through concern embassy where he/she is residing. The Special Power of Attorney must be in the name of family members and through SPA the other BN person apply for mutual divorce.
Answer #4
812 votes
Hi,
If both the parties are agreeing for mutual divorce then if he cannot come then tell him to appoint someone form his family and he has to give SPA and that person can come to court on his behalf , but at the time of finality he has to come to court.
For future assitance contact through website
Answer #5
795 votes
when you people has filed for mutual divorce in india and when the other person is not in india the court can take the evidence of the other person through online mode and at present the courts in india are following the same procedure where such cases are being filed.

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