Legal Question in Family Law in India
W.r.t my previous qs. about the procedure of mutual divorce in case of a NRI husband, thankyou for your answers.
I understand that the presence of husband and sometimes the presence of his power of attorney holder is atleast requuired.
Now in this case the husband's side in insisting that the wife's side make divorce documents and courier those to husband's side so that they can send those to US to the husband to sign and return. Thereafter the documents will be filed in court for mutual divorce - the 6 months procedure.
From your answers I understand husband signing divorce documents in US and couriering those to India is absolutely not possible.
Please guide.
1 Answer from Attorneys
You should not sign and send any documents to your husband in USA. If he wants divorce, he may have to visit India and appear in the court twice - at the initial stage and again at the final stage. There is no other alternative to this mandatory legal requirement. However, if you are willing, you may facilitate divorce by other means. You may write me e-mail for further advice.
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