By filing a divorce on mutual consent you can get your marriage legally dissolved and the judgment copy will be the document to prove your intended legal separation. 

Of course you both have to be physically present before court to file the divorce case and also to confirm your decision during second motion. 

You can apply for Judicial Separation in the court and take court order.

For initial stage you both have to physically present here in the court. Approximately timelines will be six months to 1 year depending upon other court cases.

File for divorce by mutual consent in india 

it takes maximum 6 months 

File for judicial separation in india 

if your husband does not contest you will get ex parte decree 

You have to be physically present in court for filing petition

you can execute POA in favour of family member duly attested by Indian consulate 

in such cases your virtual presence would be sufficent 

however if court directs you have to be physically present 

Even for legal separation you have to file a case before court under section 10 of Hindu Marriage Act seeking judicial separation and you have to be physically present before court to obtain an order in this regard 

There's no provision for online conduct of case in India. 

You may have to be physically present before court otherwise you can authorise a close relative in India to represent you before court during the dates of hearing but you would be required to be physically present to depose evidence. 

- You can file a petition before the family Court in India under section 10 of the Hindu marriage act on the ground of separation. 

- Under this Section , the Court can granted a decree for judicial separation but the matrimonial bound will not cancel , except that you both cannot cohabit with each other. 

- If you are unable to come to India then you can give POA to any relative in India to engage a lawyer on your behalf. 

- Your appearance may be needed on some dates, however you can appear before the Court through VC as well . 

File for judicial separation in the jurisdictional family/district court in India based on you and your husband living separately for a long period of 12 years.

Both you and your husband have to be physically present and the judicial separation may be granted in about 6 months.

You can get a decree of judicial seperation from the Family Court in India by filing a Petition under section 10 of Hindu Marriage Act.

You can appear through virtual conferencing mode but at times when the court requires your physical appearance than on such dates you have to appear before the Court physically.

You have file application in court for judicial separation. No need of physical presence. 

Dear Client,

In India, legal separation as a state of separation without divorce is provided under Section 10 of the Hindu Marriage Act, 1955, known as judicial separation, or under relevant personal laws of the respective religion of parties. Generally speaking, judicial separation separates spouses but does not declare the marriage legally terminated. You and your husband were separated for 12 years. This is an appropriate reason upon which a petition for judicial separation could be filed. Unlike in the case of divorce, judicial separation keeps the marriage status but permits the parties to the marriage to dwell away from each other. During the process, neither of the parties needs to reside in India in order to file for the proceeding. You can empower a lawyer in India with your Power of Attorney (POA) to represent you. Most courts in India are adopting the change towards online filings. That makes it all the easier for someone based overseas to pursue the process. Once filed, the case proceeds as usual in court and, after obtaining a proper understanding of all the facts, the court is capable of passing a decree of judicial separation.

As for the timeline, that varies since it depends on other factors like workload in courts and case complexity, but normally, it takes some months to over a year to be completed.

I hope this explanation simplifies the issue for you. If you have any further queries regarding this matter, do not hesitate to contact us again.