Legal Question in Family Law in India

Re: how to get a mutual divorce from spouse living in distant place

Even in a petition for divorce by mutual consent, the court may require evidence of both husband and wife to be recorded before granting a decree. Failing this, you may obtain an ex-parte decree.Same with the custody of the child.

The court which shall have jurisdiction over the case, will depend on several factors such as the place of marriage, or the place where both of you resided together, etc.

Re: how to get a mutual divorce from spouse living in distant place

Dear Gentleman:

It is possible to get mutual divorce, without the presence of both the spouses in the court. the process involves ist motion and thereafter six month another motion. to avoid challenging the decree of divorce obtained in absence of one of spouse, it is advisable to have a power of attorney of the absent spouse so that later on the absent spouse can not claim the ignorance ofthe proceedings. ofcourse, it is necessary for one to know the place of marriage and the address at which both have last resided to know the territorial jurisdiction of the court where divorce petition is to be filed. If you send your details, the opinion can be further elloborated.

regards,

sincerely

bhushan arya

Re: how to get a mutual divorce from spouse living in distant place

Dear Friend,

I am sorry, but as a matter of practise, we do not reply to queries from the persons, who do not give their complete details, nor to the persons not directly affected by the problem under the query. We also do not give any citations to the seekers.

Therefore we request you to send your query only through the query form at the Free legal advice pages of the vakilbabu website at http://www.vakilbabu.com quoting the reference LawGuru.com.

We believe you shall understand.

Warm regards

Satish Maheshwari.

Re: how to get a mutual divorce from spouse living in distant place

It is possible to get a divorce by mutual consent even if parties are living in seperate cities.Please contact with all details.

Re: how to get a mutual divorce from spouse living in distant place

Dear friend,

the meaning of mutual divorce itself it is TO BE agreed both by husband and wife. you cannot call your wife as Ex wife or mother of your son though you don't like her. Mutual divorce cannot be possible wihtout your real initiative to meet your wife and discuss and to know what it is in her mind and what she is going do in future etc.

Take help of your family elders and good lawyer of your wife's area to negotiate further.

all the best to get piece of mind at the earliest

regards

FROM

R.GUNASHEKARAN,LAWYER

18/49 A,EKAMBARA IYER STREET,

VENKATAPURAM

AMBATTUR CHENNAI 53