Is the presence of both husband & wife required for filing Mutual consent divorce?

Question

I live in India. My husband is living in U.S.A. We got married according to Hindu Marriage act in India.We want to file divorce by mutual consent in India. Is it necessary that he has to come in person from U.S.A for filing the divorce? If it is not necessary, how to proceed with this mutual consent divorce?

Answer 1

Yes presence of both husband & wife required for filling petition for divorce by mutual consent. On the first date of hearing before the family court both are to mark their presence, when their petition will be examined & date for final order for divorce will be fixed if the petition for such divorce is in proper form. Legal representation in any case before the Family court is not a matter of right but at the discretion of the court. Section 13 of the Family Court Act, 1984 clearly provides for this Right to legal representation
Notwithstanding anything contained in any law, no party to a suit or proceeding before a Family Court shall be entitled, as of right, to be represented by a legal practitioner:

PROVIDED that if the Family Court considers it necessary in the interest of justice, it may seek the assistance of a legal expert as amicus curiae.

What it all means that both the parties to the suit has to be present in person in the court on the date of hearing although they may take their Advocate along with them to help them in the court's proceedings but they cannot miss the date & depend on their Advocate to handle their matter in their absence.

Answer 2

YES. It is mandatory that both parties must be present in the court.

But, in some exceptional cases the court has granted divorce thru video conference. Find out if the family court has this facility and make a petition for granting divorce thru video conference.

Answer 3

You need to call the court and find out.