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Mutual uncontested divorce delhi 2020
23-May-2023 (In Civil Law)
Hi My name is Jagriti.I am residing in UAE and my husband is a citizen of Amsterdam.We are Hindu.We got married in Dec 2017 in India. We are living separately right after our marriage.Due to some personal issues we decided to dissolve our marriage.Now we want to file for our divorce.As you know the current situation if we both are unable to come to India,can we both give power of attorney to our family to represent us.I want to know how I can draft a mutual divorce paper for an uncontested divorce, And how much time the whole process will take.
Dear querist,
1.the first thing for consideration Will be the time you have been separated from your husband.
2.you can file a mutual divorce petition under section 13 (2) of the Hindu marriage act 1955.
3.usually the mutual divorce petition takes six months to 1 year to finalise.
4. yes, you can file the mutual divorce petition by transferring the power of attorney in the name of your relatives.
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Adv. Yuganshu Sharma
Delhi | 700+ Answers
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Hi Jagriti. Hope you are doing well in these difficult times of Covid-19.
-location of marriage ?
-yes POA can be used to file for divorce
-are you going to be able to come to court for recording of statements , later when things get better globally ?
-please call for a detailed discussion and explanation.
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Adv. Shiven Varma
Delhi | 25+ Answers
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First and foremost mutual divorce is the most simplest form of divorce expenses wise and time wise. Let me explain to you the procedure involved in taking mutual divorce. Its done in two parts, FIRST MOTION is filed by both the parties jointly, in the application for first motion your marriage proofs which include your registration certificate, marriage photo and marriage card will be enclosed. Both the parties have to sign the first motion application and have to be present before the judge, and give their consent,therefore no power of attorney is entitled to appear. This is when first motion will be decreed in your favour. It only requires one hearing or trip to the court. After the first motion has been decreed you have to file SECOND MOTION after a gap of some months. Same procedure will be followed, and when second motion is decreed. Divorce is granted. Therefore mutual divorce only requires two trips to the court and is not time consuming.
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