- As of now, execute a GPA in favour of your relative/friend asking him to file vakalath for and covey your intention to Court to appear in Court and face trial. Failing which there can be warrant, LOC and extradition proceedings.
- Appear in divorce proceeding through GPA. You can record your presence in Court through VC.
- There is no need to appear in Court right now, you can decide as things work out.
- It highly uncertain to speculate whether Court will grant 30K and 50L. if wife is earning, there is no possibility of grant of 30K.
Withdrawn mutual divorce by husband
Me and my wife filed mutual divorce(after 18months of marriage) based on irretrievable breakdown(1month of living together) and finished 1st hearing. I have withdrawn mutual divorce to reconcile in 2nd motion and wife filed contested divorce along with interim maintenance(30k), permanent alimony of 50L, DV/Dowry case. I am currently in USA on H1B.Do i need to visit India to fight the case or POA is possible. I have no interest of divorce and want to reconcile. what are the consequences, court will grant 50L and 30k maintenance.how much time it will take to dispose?
Asked 2 years ago in Family Law
Religion: Hindu
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13 Answers
You need not to come to India at this initial stage of litigation. Appointment of counsel would suffix the purpose.
Further court will not grant permanent alimony until and unless your wife proves the allegations. Court awards maintenance to wife who able to proves that she does not have any source of income and husband has delibrately left her wife who is unable to maintain herself.
In case court awards any amount amount of maintainance then it would be recovered by issuing the recovery warrant.
Execute POA in favour of family member
2) you will need to come down to india during trial to give evidence
3) alimony , maintenance depends upon your income , spouse income , number of dependents, standard of living etc
You can fight the same through poa too
- As per the law, either of the parties of mutual divorce , can withdraw their consent before passing the decree of divorce.
- Since, she has already filed contested divorce , then you can contest the same , otherwise court can pass ex-parte decree in your absence.
- Further, you can give POA to any relative or nearest one to contest the case on your behalf even without coming to India as well.
- If you have no interest of divorce, then you can file a petition for restitution of conjugal right before the family court in India.
- Further, if she is working lady , then she cannot claim maintenance or she cannot get so much maintenance legally.
- Time is depend upon the burden of the court , and you can settle the dispute with her with the help of mediation as well.
You can be represented by a power agent in the divorce case but if the court is posting the case for mediation then you have to be present physically.
The criminal case cannot be represented by power agent.
In the maintenance case, if she is employed or having sufficient income to sustain her expenses then she may not be eligible for maintenance but the burden to prove her income and source of income falls on you.
The time taken for disposal of the cases cannot be predicted owing to various factors involved in it.
If you want to reconcile the marriage than court will not grant maintenance initially. But your wife still insist to go foe divorce, You can ask for Judicial separation first so will have to pay little maintenance and not permanent alimony 50 lacs.
Dear client If one spouse files an application with the court stating that they do not wish to pursue Divorce by Mutual Consent, the court will not give a divorce decree. It is possible during the six months when the petition is pending in court
can the MCD conditions modified in/before 2nd motion?no alimony mention in 1st motion but wife asked now.can we amend the MCD?
Asked 2 years ago
Any such agreement can be modified before it is finalised or put for execution.
The modification or amendment should be on a mutual note and not unilateral.
consent terms can be amended
make an application for amendment of petition and consent terms
Yes, the terms of a marital dissolution agreement, including child custody and support provisions, can be modified before or after the finalization of the divorce, as long as both parties agree to the changes or a court finds that there has been a significant change in circumstances that warrants a modification. If alimony was not mentioned in the initial agreement but the wife is requesting it now, the agreement can be amended to include alimony provisions. However, it is best to consult with a family law attorney to determine the specific steps that need to be taken in order to amend the MCD.
Yes you can file amended consent terms before decree
Sir,
you can contest the case through General power of attorney or make use of Video conference facility.
