
NRI Divorce In India
Obtaining a divorce in India for Non-Resident Indians (NRIs) involves legal considerations under Indian law. NRI Divorce in India.
A nonresident Indian is someone with an Indian passport who immigrates to another nation for work or studies.
If the marriage was solemnized in India.
If the couple last resided together in India.
What laws deal with NRI divorce?
Divorces in India are governed by personal laws, depending on the religion of the spouses:
If both partners are Indian citizens and were wedding following the Hindu Marriage Act 1955, they may file for divorce by mutual consent following section 13-B of the Act.
Hindus: Hindu Marriage Act, 1955
Muslims: Dissolution of Muslim Marriages Act, 1939
Christians: Indian Divorce Act, 1869
Special Marriage Act, 1954 for interfaith marriages
Divorce under Hindu law:
There are two ways of getting a divorce. Mutual divorce in Delhi.
1- First Mutual Divorce– if both parties mutually agree to take divorce.
2- Second Contested Divorce– if one party wants to take a divorce and one party does not agree to take a divorce.
Understand about divorce and mutual divorce:
Mutual Consent Divorce: Mutual divorce is governed by Section 13-B of the Hindu Marriage Act, 1955. In mutual divorce, both the parties, husband and wife mutually agree and express their consent to take divorce and want to live separately. The husband and wife have to mutually agree about issues relating to alimony and child custody (if required). Both should be living separately for one year before applying for mutual divorce. It is an easy and simple process, it can save time, expenses, and so on. Mostly couples who decide to live separately usually go for mutual divorce.
Mutual Consent Divorce: The couple needs to file a joint petition with a settlement deed and for more information about filing a mutual divorce, ask your lawyer who has experience in such matters they will assist properly.
Contested Divorce: Section 13 of the Hindu Marriage Act, 1955 provides the grounds for filing a contested divorce, some of which are cruelty, conversion, and some others. In this situation, one spouse wants to divorce and the other does not agree to divorce. Those who want to take a divorce- can file a divorce in court on given grounds.
Process of NRI mutual divorce:
The process will be similar same as Indian mutual divorce under personal laws. There may be some updates it depends on the circumstances so contact to lawyer.
If we talk about the mutual divorce process
Following is the procedure to file for mutual divorce in Delhi:
1: First need to draft a petition with the reason for seeking a divorce and both parties mutually agree on it.
2: The advocate will draft the petition and both parties need to sign. File the petition jointly through respective lawyers before the family court, (Mutual divorce in Delhi).
3: After filing the petition, the court will examine the petition along with the documents and will pass an order to record a statement.
4: After that, a cooling period of six months for the parties in the hope of their reconciliation.
5: After completing of cooling period of six months. If there is no reconciliation, both parties need to appear for the final hearing and still want a divorce.
(Parties have to appear for the second motion within 18 months from the date of filing the mutual divorce petition).
6: In the final hearing, the court passes the divorce decree.
Do not take this article as legal advice- in your situation talk to your lawyer.
Alternative Solutions for NRI Divorce:
Recording of statements through video conferencing: If NRI clients can not visit then after authenticating their identification, NRI clients might have their statements in a mutual consent divorce recorded while residing in a foreign nation.
Proceedings through Power of Attorney: Parties in marriage problems, particularly NRI divorce, can be represented in court by a valid notarized Special Power of Attorney with apostille certification. The specific provision that permits a power of attorney holder to file a petition. The Family Court can hear an application made through a power of attorney.
It is not necessary to fly to India because the court processes can be handled by a lawyer using a power of attorney or by mutual consent.
Common questions and answers:
1- How do you file for mutual divorce in India?
Filing for mutual divorce in India involves several steps, and it’s important to follow the legal procedures.
Consultation with a Lawyer: Prepare Joint Petition: Gather Required Documents: File the Petition: First Motion Hearing: Cooling-off Period: Second Motion Hearing: Decree of Divorce: Execution of Divorce Decree:
2- Required Documents.
Wedding Card. Marriage Photograph. Passport size Photographs. Financial Affidavits. Property Settlement Agreement. Parenting plan (if applicable). Proof of residence and other relevant documents.
3- How long does NRI mutual divorce take in India?
In India, mutual divorce proceedings can vary depending on various factors, including court workload, completeness of documentation, and mutual agreement between the spouses.
4- What is the procedure for filing for NRI mutual divorce in India?
The procedure of filling a mutual divorce is very simple. If both parties agree to dissolve their marriage by mutual consent, they can file a petition for mutual consent divorce.
5- What are the advantages of a mutual consent divorce?
Time Efficiency: Reduced Emotional Stress: Efficiency: Resolution: Saves Resources: Potential for Reconciliation: Cost-Effective: Privacy and Confidentiality:
6- What are the grounds for divorce in India?
In India, divorce can be granted under various grounds as specified by different personal laws applicable to different religions. Here are the common grounds for divorce across different laws: Adultery: Cruelty: Desertion: Conversion: Mental Disorder:
7- What is the fee for NRI mutual consent divorce?
We can decide the fee for NRI mutual consent divorce on several factors. NRI Divorce in India.