Legal Question in Family Law in India

My Wife and I were married in Jan 2004. She has been aborad since Jan 2005 and has not been resident in india apart from two short visit. Between Jan 2004 and Jan 2005, she was aborad for around 6 months. We have mutually agreed to separate. Is it possible to separate without her coming to india, by giving Power of Attorney to her parents, who arer aware of our decision to separate.


Asked on 1/25/10, 1:18 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

yes, she may give a power of attorney to her parent and the attorney needs to be duly notarized by the notary public or indian consulate in the country where she is residing. as per recent judgment of high court, the divorce can be pronounced if any of the party cannot appear in person and is appearing through its attorney.

Read more
Answered on 1/25/10, 1:30 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may file a divorce on the ground of "desertion" and if she does not deny the allegation, you may get divorce without her presence.

Read more
Answered on 1/28/10, 5:31 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India