Legal Question in Family Law in India
In case of a mutual divorce, how does it happen if the husband is a NRI? Does he need to come to India to file the divorce in court or can we send the divorce papers to him in US and he can sign those in US, in presence of authorities there, and send the papers back to india and then the wife and husband's family can file it in the court? In case we send the papers to him in US, does the court accept it that way? Or does the court require the presence of the husband and his signature in front of court?
Do the court procedures differ in different states? We have to file mutual divorce in Gujarat.
Kindly advice.
3 Answers from Attorneys
the husband can execute a power of attorney duly attested by notary public or indian consulate in favour of any of his friend or relative and the attorney would appear on his behalf and the statement would be recorded. you need not appear before the court.
For mutual divorce, both the parties are required to appear before the court at least twice. First, at the initial stage when the application is taken up for hearing by the court and statements of BOTH the parties are recorded. Second, at the time of final hearing which takes place six months later than the first hearing. It is mandatory that both the parties are present before the court. There is no provision for exemption from appearance nor for representation through any power-of-attorney holder.
in mutual divorce the parties have to be personally present in the court.
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