NRI Mutual Divorce in Delhi?
How can an NRI file for a mutual divorce in Delhi? NRI Mutual Divorce in Delhi, India.
The mutual divorce process for Non-Resident Indians (NRIs) in Delhi, India, involves specific legal steps and considerations.
The NRI mutual divorce procedure in Delhi, India, follows the same legal framework as for Indian residents, governed by the Hindu Marriage Act, 1955 (for Hindus), the Special Marriage Act, 1954 (for interfaith couples or those married under civil law), the Muslim Marriage Act (for Muslims), and the Indian Divorce Act, 1869 (for Christian). However, NRIs face additional procedural aspects related to jurisdiction, power of attorney, and virtual participation.
Step-by-Step Procedure for NRI Mutual Divorce in Delhi:
Eligibility for Mutual Divorce
To file for mutual divorce under Section 13B of the Hindu Marriage Act, the following conditions must be met:
The couple must have been married for at least one year.
Both spouses must have lived separately for at least one year before filing.
There must be a mutual agreement that the marriage is irretrievably broken.
Filing of the First Motion (Petition for Divorce)
A joint petition for divorce is filed before the Family Court in Delhi, stating the reasons for separation.
The petition must include settlement terms regarding alimony, child custody, maintenance, and division of assets.
If one spouse is residing abroad, they can execute a Power of Attorney (PoA) in favor of a relative or a lawyer in India for representation.
The petition must be signed and notarized if submitted from abroad.
First Motion Hearing
Both spouses (or their legal representatives in case of NRI spouses) must appear before the Family Court in Delhi.
The court records statements and grants a six-month cooling-off period.
Waiver of Cooling-Off Period (Optional)
If both parties request, the six-month waiting period may be waived under judicial discretion, provided they can prove that reconciliation is impossible.
Filing of the Second Motion
After six months (or earlier if waived), both spouses must appear again for the second motion.
If one spouse is abroad, they can appear via video conferencing or authorize a lawyer via PoA.
The court records the final statements and grants the divorce decree.
Key Considerations for NRI Mutual Divorce: NRI Mutual Divorce in Delhi, India.
Jurisdiction
If the couple last resided in Delhi or the marriage was solemnized in Delhi, Delhi courts have jurisdiction.
If one spouse is living abroad, jurisdictional issues must be considered under Indian and foreign laws.
Power of Attorney (PoA)
If an NRI spouse cannot travel, they can issue a PoA (duly attested by the Indian Embassy or a notary in their country).
Video Conferencing Option
Delhi courts allow online participation in hearings, reducing the need for physical presence.
Recognition of Indian Divorce Abroad
If residing in countries like the USA, UK, Canada, or Australia, ensure that the Indian divorce decree is recognized under their laws.
Timeframe for NRI Mutual Divorce in Delhi
If the cooling-off period is waived than it will take minimum time.
If the cooling-off period is not waived then it will take more then 6 months.
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, consult the legal matter expert.
