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Filing divorce petition by mutual consent when physically not present


01-Aug-2023 (In Divorce Law)
My son who is working abroad is going for a divorce in India. Due to some reason, he cannot be in India right now. We are Hindus. Is it possible to file divorce petition by mutual consent without him being physically present here?
Answers (5)

Answer #1
907 votes
No ... Physical presence of both petitioners is required at time of filing petition before family court..
And physical presence of both parties is also mandatory for counseling... proof affidavit can be filed ..
Thereafter presence is not required.
Advocate Siju Pareakadan

Adv. Siju Pareakadan

LawRato Thrissur | 25+ Answers
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Answer #2
877 votes
For filing a mutual divorce petition his presence is not necessary if he is giving a power of attorney to you. But in the second motion your son's presence is important.
Steps in Court Procedure (13 B)

In all there are two court appearances in a mutual divorce
1. First A joint petition signed by both parties is filed in court. Secondly In the first motion statement of both parties are recorded and then signed on paper before the Honourable Court.
2. Thirdly The 6 month period is given for reconciliation, (the honourable court gives a chance to the couple to change their mind)
3. Fourthly 6 months after the first motion or at the end of the reconcile period if both parties still don't agree to come together. Then the parties may appear for the second motion for the final hearing.
4. Divorce decree will be granted as the Honourable Court may deem fit.
Advocate Ajay NS

Adv. Ajay NS

LawRatoErnakulam | 5+ Answers
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Answer #3
502 votes
Usually both the parties must be present to file mutual divorce. It is possible to file a joint petition even if one of the party is not available in person to file the suit in court. However the necessarry petition has to be signed and attested before the embassy where the said party resides. The case will be posted after six months, both the party has to come to the court for counseling and also for giving deposition after the expiry of six months.
Advocate S Sreekumar

Adv. S Sreekumar

LawRatoTrivandrum / Thiruvananthapuram | 25+ Answers
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Answer #4
842 votes
Yes...If both husband and wife are ready for the joint petition for divorce Phusical presence of the parties are not necessary. However at the time of filing the chief affidavit presence is mandatory.
Advocate Sindu R Kurup

Adv. Sindu R Kurup

LawRatoKannur | 5+ Answers
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Answer #5
938 votes
Normally the parties should appear in person and their statement alone is admissible. But in exceptional cases, where a close relative appears for the parties as his or her POA.
It is a discretion of the court.

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