Non-Resident Indians (NRIs) Divorce Process in Delhi
How Non-Resident Indians (NRIs) Can File for Divorce in Delhi Under Indian Law: NRI divorce process in Delhi India.
I am an NRI and want to file a divorce in Delhi India. It is the same divorce process only you need to take care of certain things to file a divorce petition in Delhi India. NRI divorce process in Delhi.
1. Jurisdiction
The jurisdiction for filing a divorce case in India is determined under Section 19 of the Hindu Marriage Act, 1955 (or corresponding provisions in other personal laws).
You can file for divorce in Delhi if: Here are certain conditions for filing a divorce petition in Delhi India:
The marriage was solemnized in Delhi.
The couple last resided together in Delhi.
The respondent resides in Delhi at the time of filing.
In some cases, the petitioner resides in Delhi if the respondent is living outside India or cannot be located.
2. Grounds for Divorce
Divorce in India can be filed on various grounds under the applicable personal laws: Divorce Grounds differ or the same depending on each person’s situation.
Hindu Marriage Act, 1955: Cruelty, adultery, desertion, mental disorder, etc.
Special Marriage Act, 1954: For interfaith or civil marriages.
Grounds depend on your religion and applicable personal law.
3. Filing Procedure
Engage a Lawyer: Hire an experienced family lawyer in Delhi to guide you through the process.
Draft the Petition: The lawyer will draft the divorce petition, specifying the grounds and jurisdiction.
File the Petition: Submit the petition to the appropriate family court in Delhi.
Service of Summons: The court will issue a notice to the respondent (your spouse) for their appearance.
4. Representation
As an NRI, you can appoint a Power of Attorney (PoA) holder (e.g., a trusted relative or friend) in India to handle certain aspects of the divorce proceedings on your behalf.
You may need to attend hearings via video conferencing or travel to India for critical stages, depending on court requirements.
NRI Divorce Process in Delhi
Divorce under Hindu Law: There are two ways of taking divorce- First Mutual Divorce- if both parties mutually agree to take divorce. Second Contested Divorce- if one party wants to take a divorce and one party does not agree to take a divorce.
5. Mutual Consent Divorce
If both spouses agree to the divorce and live separately, you can file a joint petition for mutual consent under Section 13B of the Hindu Marriage Act. Key points:
A six-month cooling-off period between the first and second motion is required, which may be waived in certain circumstances.
6. Contested Divorce
If your spouse disagrees and does not want to file divorce, you will need to file a contested divorce. This process may take longer and involve more hearings.
7. Documents Required
Marriage certificate or proof of marriage.
Your Marriage Photographs are required.
Proof of residence (yours and your spouse’s, if available).
Address proof of both parties.
Evidence supporting your grounds for divorce (e.g., proof of cruelty, desertion).
Other relevant documents (e.g., property details, children’s custody arrangements).
Settlement agreement in case of mutual divorce.
8. Legal Assistance
Ensure you have competent legal counsel to navigate jurisdictional and procedural complexities, especially as an NRI.
Would you like assistance with drafting a petition or further clarification on any specific aspect?
You may contact us on Lawsathi Consulting
Contact Number:- (+91) 7617-414-414
