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Filed divorce case in India- looking for legal opinion


16-Sep-2023 (In Divorce Law)
Hi, I got married in India 2 years back. The marriage didnt go well and wife asked for divorce. After I filed divorce petition in court she started asking hefty amount as alimony. My wife is still working.I have travelled abroad while case is still in mediation stage. The mediation stage will end in a month and then move to evidence stage. Do I need to travel back to India during evidence stage or I can attend evidence stage after 1 year or so?nBoth of us still hold Indian passports
Answers (5)

Answer #1
766 votes
Hello Sir, Yes you have to travel back to India during the evidence stage but the same can be handled or managed or delayed by a lawyer. So it partially depends on counsel too. For better understanding of the case, would request you to book the consultation
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Advocate Drishti Mittal

Adv. Drishti Mittal

LawRato Delhi | 25+ Answers
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Answer #2
766 votes
Hi, You have have not details what all cases have been filled between you and your wife . Your presence will be required in criminal case useless exempted from the concern criminal court. Maintenance will depend on many things not only salary. In case of your chief and cross examination your presence is required. Thanks and Regards Ramit Sehrawat Advocate
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Advocate Ramit Sehrawat

Adv. Ramit Sehrawat

LawRatoDelhi | 400+ Answers
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Answer #3
660 votes
Hi. If both of you decide on a mutual divorce then you will not required to travel back and a power of attorney on your behalf can represent you during the proceedings. In contested divorce also you can be represented by someone else but it will depend upon the nature of divorce being filed to ascertain whether you will have to come to India to give evidence. Please contact for a detailed discussion.
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Advocate Akanksha Choudhary

Adv. Akanksha Choudhary

LawRatoBangalore / Bengaluru | 5+ Answers
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Answer #4
937 votes
Once the evidence in court has started, you have to come to India for that. In fact, as you have missed your dates in mediation, it will go a negative point in your case if you are the petitioner but no adverse effects would be there because of this. But you have to appear in court on dates of evidence.
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Advocate Saksham Batra

Adv. Saksham Batra

LawRatoDelhi | 25+ Answers
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Answer #5
615 votes
file a divorce by mutual consent and agree to one time and permanent settlement by way of memorandum of settlement. it would be easier for you to get separated from your wife Withdraw the present divorce petition and go for divorce by mutual consent
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Advocate Prasanna Mohan

Adv. Prasanna Mohan

LawRatoDelhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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