Husband Contesting Divorce and I am stuck in usa ,unable to travel to

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Since you are stuck in the USA due to visa issues and unable to appear in person for your divorce proceedings in India, here’s how you can proceed legally: Legal Options for Remote Participation: Request for Video Conference Hearing: File an application before the family court requesting that your evidence be recorded via video conferencing (VC). The Supreme Court and High Courts allow VC in exceptional cases where physical presence is not possible. Cite judgments that permit remote evidence recording due to travel restrictions. Appoint a Power of Attorney (PoA): If you have a trusted person in India (family member, friend, or lawyer), execute a special power of attorney (SPA) authorizing them to appear and sign documents on your behalf. The PoA must be notarized in the USA and attested by the Indian Consulate. Then, it should be registered in India. Seek Court’s Permission to File Evidence Affidavit Remotely: File an application stating that you are unable to travel and request permission to submit evidence by affidavit from the USA. The court can allow electronic submission of documents and sworn affidavits. Engage an Advocate for Representation: Your lawyer can argue for allowing remote testimony and conduct cross-examination over VC. If the opposing party is objecting, the court may override their objection if justified. Request an Adjournment or Expedited Proceedings: If immediate VC is denied, request an adjournment until you can travel. Alternatively, request an expedited process if your child’s welfare is a concern. Child Custody & Welfare: If your child does not want to meet the father, the court will consider their age and preference. You can request a child custody order remotely, submitting relevant evidence. Next Steps: Contact your lawyer in India to file the VC request and PoA application. Notarize and apostille the PoA in the USA, then send it to India for registration. Submit an affidavit explaining your inability to travel due to visa issues. Would you like assistance in drafting the VC request or Power of Attorney format?

Advocate Mrudhula Jahnavi LawRato