NRI Divorce Procedure in Delhi, India
Divorce for NRIs in Delhi:
- Jurisdiction & Applicable Laws: NRI Divorce Attorney in Delhi
If you are an NRI (Non-Resident Indian), you can file for divorce in India—specifically in Delhi—under the following laws:
Hindu Marriage Act, 1955 (for Hindus, Sikhs, Jains, Buddhists)
Special Marriage Act, 1954 (interfaith or civil marriages)
Indian Divorce Act, 1869 (Christians)
Muslim Personal Law (for Muslims)
Your case can be filed in Delhi’s family courts if:
The marriage was registered in Delhi
You or your spouse last resided together in Delhi
Your spouse currently resides in Delhi
- Key Procedures & Steps
A. Filing Options
Mutual Consent Divorce: Both parties file a joint petition under Section 13B (Hindu Marriage Act) or Section 28 (Special Marriage Act)
A cooling-off period of 6 months applies between the first and second motion; it may be waived through the court.
Contested Divorce: Filed by one party based on grounds like cruelty, desertion, adultery, mental disorder..
B. Remote Proceedings: Power of Attorney & Video Appearance
As an NRI, you can appoint someone via a notarized, apostilled Power of Attorney (PoA) to file and represent you in court.
Delhi courts generally allow video appearances, especially in mutual consent cases, reducing the need to fly to India repeatedly.
C. Documentation Checklist
Essential documents typically required include:
Marriage certificate
Passport and visa copies
Indian and foreign address proofs
Evidence of last residence together (e.g., bills, lease)
Financial records (tax returns, income proofs, etc.), especially for alimony/property matters (if applicable)
Evidence of separation (affidavits, communication records, etc.)
Power of Attorney, duly notarized and apostilled
NRI Divorce Online
D. Timelines
Mutual Consent Divorce: 6 months to around 1 year, depending on court schedules. If the court waives the 6-month waiting period, then it will take less time.
Contested Divorce: Depending on Matters.
Definition of Divorce
Divorce is the legal dissolution of a valid marriage by a competent court of law. It terminates the marital relationship between the husband and wife, bringing to an end the legal rights and obligations that arise from the marriage. Divorce can be granted on various statutory grounds such as cruelty, adultery, desertion, conversion, mental disorder, renunciation, or irretrievable breakdown of marriage (depending on the applicable personal law).
Definition of Mutual Divorce
Mutual divorce (or divorce by mutual consent) is a voluntary process where both spouses agree to dissolve their marriage peacefully without contesting each other. It is provided under:
Section 13B of the Hindu Marriage Act, 1955 (for Hindus, Sikhs, Jains, Buddhists)
Section 28 of the Special Marriage Act, 1954 (for interfaith/civil marriages)
For a mutual divorce, both parties must agree on: NRI Divorce Attorney in Delhi
Termination of the marriage.
Settlement of issues like alimony, child custody, and division of property (if applicable).
The parties file a joint petition, appear before the family court, and after the statutory waiting/cooling-off period (usually 6 months, though it can be waived in certain cases), the court grants the divorce decree.
FAQs — NRI Divorce in Delhi
Can I file for a divorce without returning to India?
Yes, via a Power of Attorney, and VC video conferencing options are available in Delhi courts.
Which law applies to my divorce?
Depends on your religion/registration—Hindu, Special, Christian, or Muslim laws. Ensure filing under the correct act.
What documents do I need?
Marriage certificate, passports, address proofs, financial docs, separation evidence, and PoA (apostilled).
How long does a mutual divorce take?
Typically 6–12 months; can vary based on court and possible waivers.
What about contested divorce timelines?
Depending on the complexity of the matter.
Can courts allow my video appearance?
Yes, especially in Delhi and for mutual cases. Must request and justify the need for VC.
Disclaimer: This article is for educational and informational purposes only. It provides a general understanding of legal remedies but does not constitute legal advice. For specific legal guidance, you can consult a legal expert.
