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Procedure to file for divorce without appearing before the court
24-Oct-2023 (In Divorce Law)
hi, i am a student abroad. my husband filed for divorce case last year November and case is going on. I want divorce too. The judge advised their lawyer to send the summon to me two months back, and i still did not receive it. our next case hearing is in december. I appointed a lawyer and i am not able to give her POA since i did not receive the summon. I asked her about me going to india and filing for mutual divorce. My lawyer said in recent times, mutual divorce needs three appearances- one for filing, one for councelling and one for judgement. Since i am a student abroad, i cannot afford to appear 3 times. Please tell me a way to get the divorce orders soon with minimum apperances. ( we both want divorce now and the problem is i am a student abroad). Please advise
Hello,
You can file a mutual consent petition in india through your power of attorney.
You can file appropriate petition for authorizing any of your friend from india to appear on your behalf to file the case. After the case is numbered, you should file a petition for video conference so you can give your evidence without coming to the Indian court.
If you want a quicker divorce, you can even seek waiver of the six months time if you can show sufficient cause for granting the waiver..
Regards,
Aditya Srikanth
You can file a mutual consent petition in india through your power of attorney.
You can file appropriate petition for authorizing any of your friend from india to appear on your behalf to file the case. After the case is numbered, you should file a petition for video conference so you can give your evidence without coming to the Indian court.
If you want a quicker divorce, you can even seek waiver of the six months time if you can show sufficient cause for granting the waiver..
Regards,
Aditya Srikanth
Helpful?
14+
14+
Better option is to file mutual. Takes just two hearings provided your papers are kept ready, once you have to be present for filing or presentation of your mutual petition and then after six months on the date fixed for evidence. Dats it the order would be delivered on the same day.
Helpful?
19+
19+
Adv. Archana Boopalan
Chennai | 25+ Answers
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This would be very easy process cor you and other side. POA not required but minimum support required from boy side. Your apperance not rrquired. If we file this at sub court process would more easy amd simple.
Helpful?
16+
16+
Adv. B. Sivasubramanian
Chennai | 200+ Answers
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