Legal Question in Family Law in India

Re: how to get a divorce without mutual consent if unable to be present in the c

It is possible to get divorce by mutual consent in the absence of the parties.Kindly send the following information:-

1)Date&place of marriage.

2)Any issues from the marriage.

3)Present place of residence of the parties.

4)Financial status of the parties.

Please send the above information at the earliest.

Regards

Umesh Bhagwat

Advocate.Supreme Court

Re: how to get a divorce without mutual consent if unable to be present in the c

I am sorry to say that the question requires further clarification. Where is the Case filed? District court in India, or in the US? If in India, where, and how come a district court? (Because, in most metros and large cities, such cases come up before the Family Courts) Apparently, you have a lawyer, since there is already a case pending, and why this question again? On what ground is the petition for divorce filed? (as per the info given, this is not a petition for divorce on mutual grounds). Now, what is the judge asking for? Whether divorce can be granted when parties are represented by power of attorney?

Please give better information.

Re: how to get a divorce without mutual consent if unable to be present in the c

I cannot speak about law in India. However, if the action was filed in New York it seems that the Court will not have jurisdiction to make a decision.

Pursuant to NY Dom. Rel. Law section 230, the Court will have jurisdiction to render a decision if one of the following catagories are met:

"1. The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or

2. The parties have resided in this state as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or

3. The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action, or

4. The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action, or

5. Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action. "

Since it seems that none of the above applies to your fact pattern, NY would not have jurisdiction to grant the divorce.

Mike.