Mixed

Can mutual divorce be filed through power of attorney?

by Author

Can mutual divorce be filed through power of attorney?

No, its not possible to get the mutual divorce through power of attorney. Both the parties have to be present at the Court for the mutual divorce. And mutual divorce is done in two motions, so both the parties have to be present at both the motions in Court as they are supposed to sign their respective statements.

Can divorce petition be filed through power of attorney?

There is nothing wrong in the Family Court entertaining an application even though it is filed through the power of attorney holder. The Kerala High Court observed the above-mentioned reasoning in the matter of Mohanan v.

READ ALSO:   How could your reputation on the Internet affect your ability to get a job?

What is the procedure of obtaining divorce by mutual consent?

Procedure to be followed for a Mutual Divorce.

  1. Step 1: Petition to file for divorce.
  2. Step 2: Appearing before Court and inspection of the petition.
  3. Step 3: Passing orders for a recording of statements on oath.
  4. Step 4: First Motion is passed and a period of 6 months is given before the Second Motion.

How do I file for divorce if I live abroad in India?

If a Non-Resident Indian (NRI) married in India wants a mutual consent divorce, then he/she can do so by filing a petition in India or in the country where both of them are residing. The Indian law provides for this exception of filing a divorce in another country.

Can overseas Pakistani file for divorce without coming to Pakistan?

If you are an overseas Pakistani and you wish to dissolve your marriage by giving divorce to your wife or by obtaining a decree of khula against your husband from a Pakistan family court, now you can do it without your presence in Pakistan.

READ ALSO:   Does Hulu have a lot of documentaries?

Can mutual divorce be done in one month?

Therefore, couples cannot file a petition for mutual divorce within 6 months of getting married. As per Section 13 B of the Hindu Marriage Act, 1955, and Section 28 of the Special Marriage Act 1954, both parties can file for a mutual divorce only after living separately for a year.

When mutual divorce can be filed?

It states that both the husband and wife can together file for mutual divorce upon the ground that they have been living separately for a period of one year or more, and that they have not been able to live together. They have to mention that they mutually agree that the marriage should be dissolved.