Legal Question in Family Law in India
Sir i am at preset in india and mine husband is in us and if we both want to take divorce than is it possible to file it from india and if yes which could be the easiest and faster way to get it. as marraige was held in india gujarat.
2 Answers from Attorneys
yes, its possible to get divorce in india by mutual consent and your husband is not required to come to india for appearance in court and the same may be done through his duly constituted attorney and your husband needs to send a power of attorney duly notarized in US in favour of the person he intends to act as his attorney. you may contact a lawyer to do the needful.
You may also consider if your case falls in the category of a few "technical defects" given in the Hindu Marriage Act which may constitute ground for dissolution of marriage.
In that situation, you need NOT to file for mutual consent and wait for six months; rather you may file a divorce petition under one of such grounds and obtain divorce expeditiously.
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