When a marriage takes place in India, but the spouses later start living in the United States, divorce often becomes legally complex. However, Indian law clearly provides solutions. Therefore, it is essential to understand the types of divorce available. Divorce in Delhi, living USA.

Which Law Applies If Marriage Took Place in India?

First and foremost, the place of marriage determines the applicable law, not the country of residence.

If the marriage was solemnized in Delhi under:

Hindu Marriage Act, 1955

Special Marriage Act, 1954

Muslim Personal Law

Indian Marriage Act

Then Indian matrimonial law continues to apply, even if both spouses live in the USA.

Types of Divorce Available in Delhi (India)

1. Mutual Consent Divorce (Section 13B, Hindu Marriage Act)

If both spouses agree to dissolve the marriage, then mutual consent divorce remains the fastest and safest option.

Key points:

Both parties must mutually agree.

Either spouse may appear through Power of Attorney.

The Supreme Court allows waiver of the 6-month cooling-off period in suitable cases.

Courts now permit video conferencing in some cases or based on circumstances.

Another way for divorce NRI couples living in the USA.

2. Contested Divorce

However, if one spouse does not agree, then a contested divorce becomes necessary.

Grounds include:

Cruelty

Desertion

Adultery

Mental harassment

Conversion or unsoundness of mind

Or grounds based on the law for contested divorce

Since the marriage took place in Delhi, you generally file the petition before a Family Court in Delhi, even if the respondent resides abroad.

3. Divorce under the Special Marriage Act

If the parties registered the marriage under the Special Marriage Act, then:

That Act strictly governs divorce.

Mutual and contested divorces are both permitted.

Contact a Lawyer in India When:

Marriage took place in India
Marriage is registered in India
A divorce decree is required to be valid in India
Property, children, or remarriage in India is involved

FAQs – Divorce in Delhi While Living in the USA

Q1. Can I file divorce in Delhi while living in the USA?

Yes. Indian law allows NRIs to file divorce in India. Courts also permit online hearings and Power of Attorney.

Q2. Is mutual consent divorce possible if one spouse is in the USA?

Yes. Courts allow video conferencing and attorney representation, subject to judicial discretion.

Q3. Which divorce is fastest for NRI couples?

Mutual consent divorce filed in India is usually the hassle free process and legally secure option.

Conclusion

To sum up, when a couple marries in India and later resides in the USA, Indian law continues to govern the marriage. Therefore, in most cases, consulting an Indian divorce lawyer becomes necessary to ensure legal validity, enforceability, and future protection.

While US legal advice may help with local compliance, Indian courts can dissolve an Indian marriage lawfully. Divorce in Delhi, living USA.

Disclaimer: This article is for informational purposes only. It provides a general understanding of legal remedies but does not constitute legal advice. For specific legal guidance, you can consult your legal expert.