Mutual Divorce advice, husband in Canada and wife in India

[User_7e6e3cad]

U

User_7e6e3cad
PARTICIPANT
January 22, 2025 at 9:31 pm

Hello everyone,

I am seeking advice for my friend. Couple got married in India with ‘Special Marriage Act’ . Both have canadian PR. Husband is currently living in Canada while wife has returned to India almost 6 months ago.

They want to file mutual divorce. Does Husband needs to be physically present in India for this or can be present virtually etc.? Does PoA work in this case?

Also, since Canada allows to file mutual divorce with just one party present, is it okay to file divorce in Canada instead? Will that be considered valid in India?

Thanks in advance!

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[Quickbro1532]

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Quickbro1532
PARTICIPANT
January 23, 2025 at 6:10 am

Husband can give power of attorney to someone to sign on his behalf, PoA can be made at Indian embassy in Canada and they can mutually deal with it, he don’t need to be here. However, I would personally recommend person to be physically present & sign all the documents, it’s important stage of life and any mistakes will have consequences.

Canadian PR doesn’t change anything, important question is citizenship.

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[User_7e6e3cad]

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User_7e6e3cad
OP
January 23, 2025 at 11:35 am

Thanks for the inputs. And what if we get divorce done in Canada? Will it be considered valid in India?

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