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| | The Legal Needs Network is not currently active and cannot accept new posts | | Question about Divorce through Power of Attorney | Views: 3393 | | Feb 28, 2007 5:10 am | | re: Question about Divorce through Power of Attorney | # | 
Alladi Mahadevan | | Well Lokesh
Divorce in India involves a lot more than paper work. Both husband and wife need to start with a counselling process with the court's preview before venturing into divorce proceedings. Indian system believes in trying to resolve a dispute before ending the contract.
Regards,
A.MahadevanPrivate Reply to Alladi Mahadevan | | Feb 28, 2007 12:23 pm | | re: Question about Divorce through Power of Attorney | # | 
harish vaidyanathan | | Hi lokesh,
Have done it in cases where one would need a power of attorney. Will check if it is possible where both are represented through their respective powers of attorney.Private Reply to harish vaidyanathan | | Feb 28, 2007 3:28 pm | | re: re: Question about Divorce through Power of Attorney | # | 
Marielena Alvarez | | This has nothing whatsoever to do with where you got married, you get divorced where you live.
Check with the state in which you live, if your spouse lives in a different state, check on requirements for both. One state may have a shorter separation requirement or offer no-fault options. You will need an absolute divorce in order to remarry.
Maryland requires one year of living apart before you can file for divorce. There are no fault divorces which are the simplest but if property and child custody issues are involved you should consult an attorney. In any case, if you and your spouse can come to an agreement on division of property, assets and child custody, things will go smoother. However, a lawyer should be involved if you cannot come to an agreement on your own or if mediation fails.
In some cases you do not need a lawyer. I had a lawyer draw up my separation agreement, got it signed and notarized and it gets filed when you file for divorce. One only party need appear before the judge for a no fault divorce.
Private Reply to Marielena Alvarez | | Mar 01, 2007 8:52 am | | re: re: re: Question about Divorce through Power of Attorney | # | 
Y Bhavy | | Lokesh,
Marielena Alvarez is right, But you know indian court does not recognise US divorces.
Law like 498a are very much abused in this country hence be cautious.
I saw one judgement of Mumbai Highcourt where it is said that personal apperance not mandatory.
You can google for the judgement.
Private Reply to Y Bhavy | | May 17, 2007 12:53 pm | | Regarding Question about Divorce through Power of Attorney | # |
JUZER UDAIPURI | | Dear Sir,
This is a blunt advice from a Family Lawyer. You cannot obtain divorce in India, especially Mumbai, through Powers of Attorney. Your break up has occurred in the U.S. Yuo will need to approach the U.S. Matrimonial / Family Courts and obtain a decree of divorce. Such divorces are valid in India, as a foreign decree is recognized in Indian Civil Law.
I am sorry there is a lot of garbage on Ryze when it comes to opinions, since everybody has it free.
Your situs of separation is US, and hence, the US courts have jurisdiction. If you send Powers of Attorney to India, Indian courts will force you to fly down since divorce is not given in India on a platter. They insist upon counselling, which is not possible for you. Moreover, there is no cause of action apart from marriage.
Thus, in the fitness of things, without making your life miserable, go to a good American lawyer, and he / she will guide you through it.
Yours Truly,
Juzer Udaipuri,
Solicitor & Advocate.
Tel: 98200 65619.Private Reply to JUZER UDAIPURI | | May 18, 2007 7:40 am | | re: Regarding Question about Divorce through Power of Attorney | # | 
Vibha | | Hello Lokesh,
My 2 bits.I had a friend who was discussing matrimonial issues with a friend.This is what I gather.
A foreign divorce decree isnt recognised in India , unlesss both parties have been present for the divorce.We had read this on a forum like shaadi.com
I am looking for a particular post there. Will post it when i find it.
Meanwhile here is what I found now.Pasting it below.
"XYZ asks,
Is a divorce in US valid in India? I live in US but I got married in India in Nov 2002. She lived in US after marriage. But we both lived separately in US for more than 2 years. We filed for divorce by mutual consent. The final decree was granted on the grounds of irreconcilable differences (as defined by US law T.C.A Section 36-4-103) and divorce by mutual consent (section 10A(1) of the Indian Divorce Act - Amendment 2001).
My lawyer in India said this is enough to be valid in Indian courts based on the Judgment of Supreme Court while dealing with a judgment of the circuit court of St. Louis County, Missouri, USA. What is your opinion about this?
Dear XYZ,
As per the facts and the query which you have narrated, when both the parties have complied the due formalities of entering into consent terms and have personally remain present before the honorable matrimonial forum, then in that case the divorce obtained by mutual consent is valid and applicable in India."
http://www.shaaditimes.com/ch/legal/legal_issues/051012-divorce-in-us
Private Reply to Vibha | | May 18, 2007 7:45 am | | re: Question about Divorce through Power of Attorney | # | 
Kewal Singh Ahuja | | earlier u could have done but today after bhujwani judgement by supreme court not possible Private Reply to Kewal Singh Ahuja | | May 18, 2007 11:36 am | | re: Question about Divorce through Power of Attorney | # | 
Robert Brien | | Lokish
I have read some responses here, some correct, some not.
If you and your wife are naturalized citizens, legally in the United States, then either one of you can file in the state of residence. However, you have to serve notice to the other spouse, either by means of 1) a legal advertisement in a newspaper of general circulation within the county or city of residence of the other, at leas 30 days in advance of filing; or 2) by notice mailed to the last known address of the other. Better to do both.
This will be the first question that the Divorce Court will ask you. If you canot state with honesty that you were diligent in seeking out the other party, your hearing will be postponed.
Allowable reasons for the divorce vary among the states (adultery, irreconcilable differences, etc.). Costs as well--figure an average of $250/hour for a good attorney, asking for a $5,000 retainer--that is, if you want an attorney. You can do it "pro se" (on your own), but only if you both absolutely agree to the terms of a divorce agreement, no issues and no property assets are involved. Draft an agreement and give it to your spouse--she may consult with an attorney of her own choosing, thereby demanding you obtain an attorney as well.
The timeframe for the hearing and final disposition of your divorce vary among the states (for example, some take 6 months, others three months). So, too, for distribution of assets (some grant half to one spouse, regardless of who purchased the marital assets).
I am not familiar with the laws of India, but I suspect they would honor a final divorce decree from the United States, unless there are marital assets involved in India...but I would believe that if there is mutual agreement among the parties in the USA, then India might indeed honor this agreement, especially if it pertains to any specifity or detail for Indian assets or property.
Hope this helpsPrivate Reply to Robert Brien | | |
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