I am abroad. Is my presence mandatory in a divorce case in India

531 votes

First of all, you can appoint power of attorney to authorize by our relatives in India to appear and contest case on your behalf. However your presence is not required on each and every date but if the court directs you to appear in person, then your presence is must otherwise no need to appear unless specific directions are issued by the court.

Advocate Imran Ahmad LawRato

651 votes

Dear client you can make a special power of attorney to any of your friend relativr whom you shlould tell all the facts so that your prescene shall be mark by the SPA Holder. You can make it from the country where you are presently residing under whose name you want to makr SPA

Advocate Sanjeev LawRato

738 votes

Hello,

In cases such as these, your presence shall be necessary for documentation i.e. signing pf affidavit, attestation etc. However, once the trial starts your appearance could be exempted by filing exemptions applications. But in case of mutual divorce, your presence is necessary on the first date of hearing.

Thank you.

Advocate Abhishek Yadav LawRato

992 votes

The option for video conferencing is available but only for witnesses who are not able to depose in the court physically but in your case you cannot avail that option. Next depends on what grounds your husband files the divorce petition. The best option you have got is to talk and file divorce by mutual consent, this would be an easy and hassle free way for you.

Advocate Akshay Kumar Verma LawRato

667 votes

You husband may take ex parte decree if u will not come on dates but in this way u can not defend urswlf and it may harm ur maintenance issues. If u have no issue of maintenance do not respond to any summon or calling to court, automatically ur husband will get ex parte divorce. For more details u may contact me.

Advocate Arpana Kumari LawRato