Can the guy stay in abroad and get divorce if his mother gets the powe

791 votes

There is nothing wrong in the Family Court entertaining an application even though it is filed through power of attorney holder. While the petitioner woman’s estranged husband was available in Pune, the woman was unable to personally remain present before the family court for signing and verifying the consent terms. This is because she is employed in the United States of America and the terms of her employment did not allow her to return to India when the joint plea was filed in December 2017. The high court has now directed the family court not to insist upon physical presence of the parties and arrange for verification of the consent terms either through ‘Skype’ or such other available technology. Justice Dangre said it was imperative for the family court to accept an application for dissolution of marriage by mutual consent if it stated that the spouses are residing separately for over a year, they have not been able to live together and they have mutually agreed to dissolve the marriage. What the family court has only to do to allow such a plea is to ascertain the factum of marriage and its irrevocable break down with no possibility of any reconciliation, the judge added.

Advocate Aveek Bose LawRato

554 votes

if this is a mutual consent divorce then both the parties to the marriage are required to be physically present in court during the second motion of MCD without which a mutual consent decree to desolve the marriage cannot be passed. For more on this you may call me by WhatsApp.

Advocate Robert D Rozario LawRato