NRI Divorce Procedure

The process of NRI divorce in Delhi, India involves legal steps that depend on whether the divorce is mutual or contested and the applicable personal laws of the parties. Below is the complete procedure for obtaining a divorce for Non-Resident Indians (NRIs) in Delhi.

1. Determining Jurisdiction

The jurisdiction for filing a divorce case in India is determined based on:

The place where the marriage was solemnized.
The place where the couple last resided together in India.
The place where the wife currently resides.
If the marriage was registered in India, Indian courts can have jurisdiction.

For NRIs: Even if both spouses live abroad, Indian courts can still entertain the divorce if:

The marriage was registered in India.
One spouse is currently residing in India.

2. Types of Divorce in India

NRIs can file for divorce under:

Mutual Consent Divorce (Fast & Less Complicated)
Contested Divorce (Longer & Disputed Process)

3. Mutual Consent Divorce

(Section 13B of the Hindu Marriage Act, 1955 or Special Marriage Act, 1954)
This is the easiest way to get a divorce if both spouses agree. The process takes around 6 months to 1 year.

Procedure for Mutual Divorce:

Step 1: Filing the Joint Petition

Both spouses file a joint divorce petition in the Family Court of Delhi.
The petition includes reasons for separation and terms of settlement (child custody, alimony, etc.).

Step 2: First Motion Hearing

The court records the statements of both parties.
The court grants the first motion and allows a 6-month “cooling-off” period.

Step 3: Second Motion Hearing (After 6 Months)

After 6 months (this can be waived in special cases), the couple appears for the final hearing.
The court grants a divorce decree if it is satisfied that the marriage is irretrievably broken.

Key Points:

If one party is abroad, they can authorize a Power of Attorney (POA) holder to represent them in court.
Video conferencing can be used in some cases.

4. Contested Divorce (When One Party Does Not Agree)

If one spouse does not consent, the other has to file a contested divorce under Section 13 of the Hindu Marriage Act, 1955 (or relevant law).

Grounds for Contested Divorce in India

The petitioning spouse must prove one of the following grounds:
✅ Cruelty (mental or physical)
✅ Adultery
✅ Desertion (2+ years of abandonment)
✅ Conversion to another religion
✅ Mental disorder or incurable disease
✅ Irretrievable Breakdown of Marriage (discretionary by court)

Procedure for Contested Divorce:

Step 1: Filing Divorce Petition

The petition is filed in the Delhi Family Court with valid grounds.

Step 2: Issuance of Notice to Spouse

The court issues a notice to the other spouse (can be served abroad).

Step 3: Reply & Counter Arguments

The opposite party files a reply (accepting or contesting claims).

Step 4: Evidence & Witnesses

Both sides submit evidence and witness statements.

Step 5: Final Hearing & Divorce Decree

After arguments, the court passes judgment.

Time Duration:

It depends on disputes and evidence.

5. NRI Divorce and Child Custody

If children are involved, child custody is decided separately under the Guardians and Wards Act, 1890.
The child’s best interest is the main consideration.
Indian courts may not recognize foreign custody orders unless they are in the child’s welfare.

6. Alimony/Maintenance in NRI Divorce

Alimony is based on factors like income, financial status, and length of marriage.
If the wife is financially dependent, she can claim maintenance under Section 125 CrPC.

7. Important Legal Aspects for NRIs

📌 Power of Attorney (POA): If one spouse cannot travel to India, they can appoint a family member or lawyer to represent them.
📌 Video Conferencing: Courts may allow virtual hearings if a party is abroad.
📌 Serving Notice Abroad: Divorce notices can be sent abroad via email, WhatsApp, or registered post.

8. Documents Required for NRI Divorce

Marriage Certificate
Passport & Visa Copies of both spouses
Proof of Residence (India & foreign country)
Evidence for grounds of divorce (if contested)
Financial statements (for alimony cases)
Child Custody Agreement (if applicable)

9. Legal Assistance for NRI Divorce in Delhi

Since NRI divorce cases involve jurisdiction issues, foreign court decrees, and travel restrictions, it is advisable to consult an expert divorce lawyer in Delhi who specializes in NRI legal matters.