A lot of couples ask me that our marriage is performed in India and right now we are staying in the UK, the USA is it possible that they can get a divorce without coming to India? Since flights tickets getting costly and if married people had to travel to INDIA for divorce they have to spend a minimum 2,000 $ per travel on just flight itself. so 2 peoples have to spend 4,000$ on flights themselves for just coming to India for 1 time for a divorce. It is more money and time-consuming way. But have you thought if it’s possible without your physical personal appearance in court then why travel?
How to get a divorce from Indian courts even if married people are staying outside courts?
Since Law is dynamic so its facets are even in the time of pandemic the law was still developing our courts has also adopted the virtual modes of hearing so this is possible. I am sure that you are curious about how it’s possible and what it needs.
IN VINAY JUDGE DIAS VS RENAJEET KAUR AIR 2009 DELHI 70
Where parties living far away from jurisdiction court competent to dissolve a marriage can appoint an attorney to act on their behalf and attorney so appointed can act on behalf of principal on basis of power of attorney executed by the principal
IN A CASE MILO MISHRA @MOHAPATRA VS APUN KUMAR MOHAPATRA AIR 2009 ORI 136
The husband was living in USA and Wife was living in India and court granted divorce to them you can find detailed judgment by contacting me
How much time a mutual divorce takes:-
The mutual divorce takes a period of around 6 months time when the requirements of section 13b are fulfilled. Your counsel can start framing your documents when he receives the power of attorney the case can be filled. How to get a divorce from Indian courts even if married people are staying outside India
ESSENTIALS:-
- Your marriage must be Hindu marriage as per Hindu marriage act section 2 clause a of Hindu marriage act reads as under:-to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj, and clause (b) reads as to any person who is a Buddhist, Jaina or Sikh by religion,.
- Your marriage must have been done within India
- Your marriage should not fall under exceptions in the aforesaid act.
Divorce from Indian courts when staying outside India