Is wife's physical presence necessary for mutual divorce?
How can we file for a mutual Divorce without my wife's physical presence in Delhi. We have stayed in Delhi after marriage and my wife is in Bihar now. She will be unable to come to Delhi but is ready for a mutual Divorce.
How can we proceed with this?
A divorce by mutual consent is filled by both parties jointly and their joint statement is recorded in the court which is signed by both in the presence of their lawyers and the Family District Judge.
This process is repeated twice, once when the joint petition is filled which is also called the first motion and after six months, which is referred to as the second motion. After this process is complete and the Judge is satisfied of the consent of both for a divorce and all issues like custody of child if any, permanent alimony and maintenance, issue relating to return of stridhan of the wife and settlement of jointly owned properties are sorted, the divorce is granted.
However, in special circumstances, the Delhi and Punjab Courts have allowed a power of attorney for seeking divorce by mutual consent where for some reason, either of the parties were not able to be present at any one of the motion as discussed above.
So, you have the option of filing the divorce through a power of attorney, however, you shall have to adduce sufficient cause as to why your wife is unable to appear for the proceedings and it is up to the Court to allow/deny the request.
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