Can i file for divorce on behalf of my son

523 votes

No this is not possible in cases relating to personal laws. The petition , applications etc have to be filed by your son. He has the option of getting exempted from personal appearance if the court allows the same.

Advocate Srishti Saxena LawRato

562 votes

you can not file a divorce petition on behalf of your son. though he can give you a power of attorney to follow up the case. even the certificate is issued by arya samaj, it is a valid marriage and divorce is the only option left to your son.

Advocate Vaibhav Prakash Shukla LawRato

971 votes

If the girl and the boy both are ready for divorce. A petition may be moved on behalf of both the parties. Both of them have to appear before the court and record their respective statement. But in your case, if you are ready to step in your son's shoes , you can do so by filing special power of attorney but it has some limitations. First it should be duly attested by the Indian Consulate and your son have to appear once either he can come on first motion of divorce or second motion of divorce. We can request the Hon'ble Judge to dissolve the marriage without his presence and on the basis of SPA but generally Judges are not considered such plea. So in short, your son have to once. Six months time period was given by the court to reconsider your decision and after six months second and final motion of divorce take place. Revert me if you have any query.

Advocate Atul Patni LawRato

529 votes

If both, your son and daughter in law, are agreeable to the terms of divorce (maintenance or no maintenance, division of property etc.) then this would be a case of mutual divorce. Mutual divorce is permissible vide power of attorney, although a lot of discretion is bestowed on the concerned judge hearing the case. It is also advisable, if not mandatory, that your son enter appearance on at least one occasion and that he signs the divorce petition to be filed alongwith affidavit and vakalatnama. Subsequently, for the first and second motions (these are basically two separate dates on which the court asks both parties, husband and wife, to appear) your son's appearance may be substituted with a power of attorney in your favour. We have recently concluded a similar divorce case. Please feel free to get in touch for more details.

Advocate Manu Chaturvedi LawRato

957 votes

You cannot file a divorce case on behalf of ur son. It is not possible in india. U can try from australia if this is possible fm there. Here is ur son require first and second motion. If u require more assistant than fix the time for meeting through lawrato. Than i will tell u in details.

Advocate Sachin Kumar Jain LawRato