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Is Mutual divorce possible if my wife is living in Australia
30-Jul-2023 (In Divorce Law)
Me and my wife decided to get mutual divorce but due to some family circumstances it can not happen in india.We are asking if she goes abroad and i file for divorce on tha base of as we will no longer be living together and send paperwork to Australia and she does all the procedures and give me back signed papers. Is it possible or any complications may occur?
It is always better if both the parties are present before the court.
You and your wife have to appear before the court only on 3 occassions.
Filing, counselling and date of decree.
However, if your partner does not wish to appear then she can get the filing done through a power of attorney. But the power of attorney should be a family member, and even in case of giving power of attorney, your wife has to appear on the date of decree, that is, atleast once.
I would suggest you to appear in person for the three ocassions rather than making a relatively easier procedure of mutual Divorce complex. You can approach me for further assistance.
You and your wife have to appear before the court only on 3 occassions.
Filing, counselling and date of decree.
However, if your partner does not wish to appear then she can get the filing done through a power of attorney. But the power of attorney should be a family member, and even in case of giving power of attorney, your wife has to appear on the date of decree, that is, atleast once.
I would suggest you to appear in person for the three ocassions rather than making a relatively easier procedure of mutual Divorce complex. You can approach me for further assistance.
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Adv. Rahul Mishra
Mumbai | 200+ Answers
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Mutual Divorce can be filed also through power of attorney holder. Court shall conduct the proceeding online for convince of the parties if the parties are out of country. for further query you can contact
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Adv. Rakesh Tiwari
PimpriChinchwad | 100+ Answers
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Yes you can appoint a power of attorney on her behalf in India,You can file a case with the help of POA in India,You can opt for VC on the day of judgment,The hon'ble judge will ask your wife through VC whether she agrees with the separation
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Adv. Ankita Milind Raikar
Mumbai | 25+ Answers
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