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NRI spouse refusing travel for mutual divorce – legal options


06-Mar-2026 (In Divorce Law)
I am a Hindu male currently working in Bangalore. My spouse lives in the USA on an H1B visa with our minor child. We have been living separately since November 2023. Both of us initially discussed mutual divorce, but she says she cannot travel to India and wants to explore video appearance. Lawyers here say physical presence is required in family court. What are my legal options if she refuses to travel? Can mutual divorce proceed remotely, or should I file contested divorce?
Answers (4)

Answer #1
800 votes
if your wife is willing to co-operate in the divorce process she has to go to indian consulate and prepare a posco of attorney to some one in India to represent her and that attorney can participate in mutual divorce process here in India. Otherwise. you can file a (contested,) divorce and proceed.
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Advocate S.K Prabhakar Shetty

Adv. S.K Prabhakar Shetty

LawRato Bangalore / Bengaluru | 1000+ Answers
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Answer #2
943 votes
Mutual Divorce Using Power of Attorney If she cannot travel then She can execute a Special Power of Attorney in the USA authorizing A relative in India Or her advocate Steps to be taken Sign SPA before Notary / Indian Consulate in USA Send it to India It gets adjudicated or stamped Attorney holder appears in court.
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Advocate Babita

Adv. Babita

LawRatoBangalore / Bengaluru | 200+ Answers
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Answer #3
676 votes
Hi , in family court for filing mutual divorce physical appearance is necessary. Mutual divorce is time saving process and it can be initiated by husband and wife mutual terms . However if she is refusing to come in Bangalore then you have to initiate contested divorce.
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Advocate Shahana C

Adv. Shahana C

LawRatoBangalore / Bengaluru | 5+ Answers
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Answer #4
939 votes
hello hi yeah I hope you are resident of Bangalore and marriage also occurred in Bangalore itself your spouse she can attend through her special attorney over there through video conference she can attend
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Advocate Vanitha

Adv. Vanitha

LawRatoBangalore / Bengaluru | 25+ Answers
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