NRI living separetly after marriage applied petition for MCD
26-Jul-2023 (In Divorce Law)
Hi All, we both from hindu family married & living separately more than 1yr drafted MOU as per terms conditions i paid full final amounts via two cheques towards settlement to My wife accordingly she has withdrew 498a, MC&DVC in the family court she made statement in which she agreed in receipt the settled amount we filed petition for mutual consent divorce in the judicial court at this stage i got passport due expiry is it must I should be residing in India to face first motion can I give POA to my family member i can fly back to attend second motion the current situation is I need to fly out of india asap to ensure my visa is not lapse if I don't fly in time Im in big trouble and its end of my career I will be left with no option to work in India to pay my debts which I took for settlement from friends & family to repay it may take atlest 8 years i decided noto remarry even after getting final divorce decree. Pls advise can I give POA to my family before 1st motion?suggestion please
Yes you give power of attorney to your parents to any of your close persons and basing on your power of attorney they will appear before the court for all the motions and you can fly abroad and if at required your evidence can be recorded on video call also.
Dear Sir,
Yes. Power of Attorney (POA) can be given for MCD. You can give POA to any one in your family and file the MCD. However, during the second motion (after 6 months), the family court judge may insist your presence along with your wife in person. Then you need to appear in person along with your wife carrying evidence affidavits. After examination, the judge will grant the divorce decree.
Yes. Power of Attorney (POA) can be given for MCD. You can give POA to any one in your family and file the MCD. However, during the second motion (after 6 months), the family court judge may insist your presence along with your wife in person. Then you need to appear in person along with your wife carrying evidence affidavits. After examination, the judge will grant the divorce decree.
In personal cases GPA will not allowed as you called it as possible. Yes there is a chance to get Divorce. Personal agreements and settlements should not allow the Hindu marriage act. You can get the. Divorce without your presence. You can renual your passport and go as you wish.
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