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Is it possible to get mutual divorce through power of attorney
30-Aug-2023 (In Divorce Law)
I have one question to ask is it possible to get mutual divorce through power of attorney by husband.when husband is living out of India and wife is living in India.what is the procedure to get the divorce when one party can not present before the hon,ble Court. please give me answer.thanks
In a divorce by mutual consent proceeding, the divorce petition may be filed by a Power of Attorney but eventually, the parties have to be present in person for recording of joint statement (on both first as well as second motion). Without parties being present in person before the judge, no divorce decree can ever be passed.
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Adv. Kushagra Pandey
Delhi | 25+ Answers
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Can mutual consent divorce be filed without lawyer?
You may not require an attorney if you and your spouse are in good communication and agree on the terms of divorce. Even in this case, it is important to get all agreements in written form and have them reviewed and approved by a lawyer to make sure they are fair and legally binding.
What are the conditions for a mutual divorce?
Before filing for mutual divorce, the couple must be married for at minimum six months and live separately for at most six months. The couple must pay all debts incurred during their marriage.
What is 13B power of attorney?
Section 13B. The parties may be represented by their spouses or siblings who are GPA holders and seek divorce on mutual consent, subject to court approval. Karnataka High Court. Aditya Jagannath vs NIL 28-Nov-2020
Is 1 year separation mandatory for mutual divorce?
The couple must already have lived separately for a full year before filing the mutual divorce petition. The court is not concerned with the reasons why a couple has lived apart. You can meet the criteria by living in separate houses or having separate residences for more than a year.
Dear mam power of attorney is not sufficient for take divorce from the husband else you can file a case for divorce even if the husband is living outside India else you can file a case in jurisdiction where the marriage is solemnised, or whether you reside
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Adv. Ajay Garg
Delhi | 100+ Answers
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Dear Sir/ Madam,
No, its not possible to get the mutual divorce through power of attorney. Both the parties have to be present at the Court for the mutual divorce. The husband will have to come down to India for the same. And mutual divorce is done in two motions, so both the parties have to be present at both the motions in Court as they are supposed to sign their respective statements.
No, its not possible to get the mutual divorce through power of attorney. Both the parties have to be present at the Court for the mutual divorce. The husband will have to come down to India for the same. And mutual divorce is done in two motions, so both the parties have to be present at both the motions in Court as they are supposed to sign their respective statements.
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Adv. Mansi Bajaj
Delhi | 25+ Answers
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Yes! you can take the divorce on power of Attorney. If you want to take a divorce without coming to INDIA then you have to express your inability to appear before the Hon'ble court and on the request of the counsel and power of attorney holder court will hear you on Skype.
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Adv. Manmeet Singh
Delhi | 25+ Answers
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You will need all the required documents to file a divorce in India via power of Attorney. Included in this list are a certified copy of the marriage certificate, and a certified copy of the spouses passport or government-issued ID card.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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