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Mutual divorce : query regarding physical presence at final hearing
13-Dec-2024 (In Divorce Law)
boy's father signed on first hearing(power of atorney)as he is in abroad.During the cooling period,he joined his family to another country for vacation but didn't return to India.As per Indian law,is the boy's physical presence mandatory for final hearing ? I've to take leaves from work as I'm in diferent state in India.I want to raise this point in court,requesting dat he attend d final hearing in person else i wont sign. Please suggest process/possibility as per Indian laws.(No kids)
Hello Sir/mam
as Per latest Honble supreme court/High courts judgements spouses can appear through VC .
you can contact me over phone call for further assistance .
Thank you
Regards
Advocate Kuber Hooda
as Per latest Honble supreme court/High courts judgements spouses can appear through VC .
you can contact me over phone call for further assistance .
Thank you
Regards
Advocate Kuber Hooda
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Adv. Kuber Hooda
Panchkula | 25+ Answers
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You can appear in court through vc and it is equally valid. There is a procedure to be followed before that and after obtaining required permission from the court, once the court allows then you can appear electronically in the court
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Adv. Milind Modi
Gurgaon / Gurugram | 25+ Answers
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Under Indian law, for mutual consent divorce under Section 13B of the Hindu Marriage Act, both parties must be present for the final hearing unless the court permits otherwise. Physical presence is generally required to confirm consent. However, courts may allow representation through power of attorney or video conferencing under special circumstances.
You can raise this point in court, requesting the husband’s physical presence for the final hearing. File an application citing inconvenience and the need for personal verification of consent. This is within your rights, and the court may direct him to appear in person. Let me know if you need assistance drafting the application.
Adv. Mahinder Singh Mavi
You can raise this point in court, requesting the husband’s physical presence for the final hearing. File an application citing inconvenience and the need for personal verification of consent. This is within your rights, and the court may direct him to appear in person. Let me know if you need assistance drafting the application.
Adv. Mahinder Singh Mavi
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Adv. Mahinder Singh
Faridabad | 5+ Answers
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No need of physical appearance on final hearing u can also appear through Video Conferencing and your pos holder can sign the 2nd motion statement and you will get your final decree for divorce, for more information you can reach to me
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Adv. AK Rohilla
Rohtak | 200+ Answers
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Hi!
Although, physical presence is needed for mutual consent. However, you can request the court that the husband appears through VC at least to ensure sanctity. Else, you can deny signing. It only makes sense that he be present.
Although, physical presence is needed for mutual consent. However, you can request the court that the husband appears through VC at least to ensure sanctity. Else, you can deny signing. It only makes sense that he be present.
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Adv. Manjeet Yadav
Gurgaon / Gurugram | 5+ Answers
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