Is it necessary for both partners to be present in court for divorce?

Can one seek a Divorce without the 2nd partner's presence in court proceedings?

Answers (1)

102 votes

This would depend upon the kind of divorce petition which is pending in the court. If it is a divorce petition filed under the various grounds provided under the Hindu MArriage Act, and if the other party, against whom the divorce is sought, does not / fails to appear before the Court, upon reciept of summons of court, the Court can proceed the said party as ex-partee and proceed with the matter.

However, if the petition is filed for divorce by mutual consent, then the presence of both the parties is required, unless, either of the party is unable to appear before the court and has accorded a Power of Attorney to somebody to appear and depose on their behalf before the court.

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