Is physical appearance mandatory at the time of filing divorce

705 votes

Hi
You can file divorce through power of attorney where you don't need to be present before the court physically.
A person will legally represent you, that may be your relative or friend.
If your husband is ready for mutual consent then you can get it early as possible as per recent supreme court decision
Contact for detailed advice

Advocate Rohit Shaligram LawRato

887 votes

Yes you can if you just have to take specific time from the court and file a divorce under sec 13 b of Hindu Marraige act! And there are different application which are suppose to be done at the time of the filing of the petition in the court !

Advocate Darshan Subhash Oswal LawRato

612 votes

u can make any family members to appear on behalf of u as attorney, for this purpose u need to get power of attorney executed. Your power of attorney then will file necessary petition before family court in India and will proceed on behalf of u . However, in case if court wants u to remain present in person for some reasons than u need to remain present.

LawRato LawRato

512 votes

presence is must for filing divorce case be it by consent or otherwise. in case you are seeking divorce by mutual consent, after filing petition you will get date after 6 months. Thus more particulars are necessary before addressing ur issue

Advocate Rupesh Gadekar LawRato

914 votes

Hello Ma'm,

If you file for a Divorce, your Physical appearance will be necessary at the initial stage. Because after filing the Divorce Petition, your Husband will be issued Notice and he will be Summoned before the Court and then you will have to Lead Evidence, which you can do by way of Physical Appearance or even by way of an Affidavit(recommended).
After giving Evidence, your Physical appearance will be required for Cross Examination of Evidence which will be done by the Advocate for your Husband. After completing Cross Examination, your Physical Appearance is not needed. After completing your Cross Examination, you can go abroad but then your Advocate needs to be present in the Court on every Hearing Date and file a Exemption Application on your behalf.

Advocate Kamran Shaikh LawRato