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Mutual divorce (Second Motion) spouse has moved abroad


18-Mar-2023 (In Divorce Law)
We have filed for mutual consent divorce (first motion) and the court passed an order in month of September 2022. The prescribed mandatory 6 months have finished on 10 march 2023. We want to proceed with the second motion now, but my spouse has moved to abroad for higher studies and unable to come back to India before September 2023. My question is can the physical appearance for the second motion can be dispensed with by the court and hearing can be done virtually? We have all the necessary proof to show the court that my spouse has been admitted to MBA course abroad, Visa etc. nnPlease guide how should we move forward in this regard?
Answers (5)


LawRato

Answer #1
687 votes
Yes you can get divorce without his physical appearance You can contact me for the same and I have handled similar cases in past and thus can assist you for the same For understanding the necessary information and steps
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Advocate Madhu Tyagi

Adv. Madhu Tyagi

LawRato Delhi | 200+ Answers
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Answer #2
522 votes
yes why not by the help of special power of attorney and all your valuable documents it can be done but i don't know why u wait for 6 months u could have waive 6 months by an waiving application court would have heard u for second motion that time
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Advocate Anupama Sharma

Adv. Anupama Sharma

LawRatoDelhi | 200+ Answers
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Answer #3
823 votes
Yes you can file a petition for 2nd motion without your partner presence. Your partner need to provide you a NOC and should present a legal representative on his behalf. That legal representative will perform all the legal formalities on your behalf
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Advocate Mukul Goel

Adv. Mukul Goel

LawRatoDelhi | 25+ Answers
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Answer #4
801 votes
You may ask your spouse to release SPA in this regard and get it stamped by embassy there. You may file application to the concerned court on this regard that second motion Will be done via SPA due to the said reasons ! All the best
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Advocate D. Khan

Adv. D. Khan

LawRatoDelhi | 1000+ Answers
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Answer #5
584 votes
hello client as the issue you have raise here must is a issue which can be solved but the help of the court only as you are asking regarding Virtual court apperance i do not think tht can help you much in this matter in my openion the only way is get permission of the court for PA and get the things finalised . on the basis if mutual divorce.
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Advocate Vishwanath Pratap Singh

Adv. Vishwanath Pratap Singh

LawRatoDelhi | 1000+ Answers
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