Legal Question in Family Law in India
Previous Q.I am an Indian working in US. Can i apply for judicial separation without coming to India. I was married in india and the girl is based in India.
Lawguru answer: yes you can file any petition in any court of law in india and you just need to send a power of attorney in favour of any friend of relative who would represent you in the court.
Q. Can the entire judicial separation process be completed without my having to come to india?
5 Answers from Attorneys
yes, it may be done without you coming to india even once. u gotta hire a competent lawyer.
yes it will be done but power of attorney required to appear on behalf of you.
Also confirm the state where you want to file your case. So that we can guide you accordingly.
you can be represented by an attorney.
if it is in Maharashtra your personal presence is essential in case of any matrimonial dispute. Being husband under the Act you can file divorce only where
1) the marriage is solemnized or
2) the respondent at the time of presentation of petition resides or
3) the parties to the marriage last resided together or
4) the petitioner is residing at the time of presentation of the petition, in a case where the respondent is at that time, residing outside the terriotories to which this act extends, or has not been heard of as being alive for a period of seven yrs or more by those persons who would naturally have heard of him if he were alive.
Related Questions & Answers
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Hi sir can i know the reasons for applying divorce by a man? Asked 8/03/11, 10:41 am in India Family Law, Divorce, Child Custody and Adoption
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