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Is the physical presence necessary in the country, for divorce
05-Jul-2023 (In Divorce Law)
Hello,me and my husband wants to divorce ,he is Indian ,myself Hungarian .I cannot come to India due to big financial problems and lack of time. Can we divorce if i am not present ? Thank you,any advice is most welcomed
Yes. You can. But sufficient proof and evidence need to be provided for not presenting physically, you may use Skype or videos conferencing facility through prior permission from the family court judge.
We are given a divorce for our client without physical presence.
We are given a divorce for our client without physical presence.
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Adv. Sudhindra Bhat
Bangalore | 25+ Answers
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I understand your position.
The High Courts and the Apex Court of our Country has made it clear in its Decrees/Orders that " Physical Presence" of the Divorce Petitioners is not required.
You being in Hungary, you can get the submission documents to the Family Court apostatized from the Indian Embassy at your Country.
We deal with these Private International Laws and hence can assist you.
BEST REGARDS
Dr Gubbi
The High Courts and the Apex Court of our Country has made it clear in its Decrees/Orders that " Physical Presence" of the Divorce Petitioners is not required.
You being in Hungary, you can get the submission documents to the Family Court apostatized from the Indian Embassy at your Country.
We deal with these Private International Laws and hence can assist you.
BEST REGARDS
Dr Gubbi
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Adv. Dr. Gubbi S Subba Rao
Bangalore | 100+ Answers
Chat
Hi...In India for divorce of husband and wife present of both is necessary and if you filing mutual consent petition you can get the divorce within 6 months but if your filing contested divorce. It will take more time.
Thank you
Thank you
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Adv. Rama Chandra Shenoy
Bangalore | 400+ Answers
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You can authorize someone to be your Power of Attorney Holder and proceed with filing of the case. Is your husband located in India? At least one party needs to be here for the proceedings. Also, it is unclear from your query if you are a Hindu or under which Act was the marriage registered because the procedure for divorce varies as per the religion.
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Yes madam, your presence is required for divorce case. The matrimonial cases are mandates to present parties in the case at the stages of filing case, evidence and cross examination, and mediation. If u want further details, contact.
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Adv. Bhojappa Kallihala
Bangalore | 400+ 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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