top of page
Writer's pictureleadindia400
Nov 274 min read

How Is Nri Divorce Handled In India?

Going Through A Divorce Is Never An Easy Experience For Any Couple But When The Couple Are Non-Resident Indians (Nris), The Legal And Even Emotional Strain Can Sometimes Even Double. Nri Divorce Cases Tend To Bring In Issues That Cut Across Borders And Regimes, Be It The Legal System Differences, Citizenship/Or Residency Rules. Equality And Justice In Nri Divorces In India Take Into Account Indian Marriage Laws, International Law, And The Practical Aspects Of The Matters For The Concerned Parties.

Nri Divorce: Reasons


  • The Nri Spouse Is Still Married To Another Woman And Might Even Have Children Residing With Him In A Foreign Country. Usually, The Groom Takes The Bride To Her Parental Home Instead Of Carrying Her Along With Him. However, When The Reality Stands, The Girl’s Family Seeks A Divorce For Their Daughter.

  • The Nri Couples Claim False Imposition Regarding Parental Assets In The Country, Like House, Car, And Decent Occupation, But Do Not Manage To Provide For The Family Afterward.

  • The Indian Spouse Finds The Lifestyle Of The Nri Spouse Very Modern And Cannot Adapt. The Grounds Of Divorce For Nri Are Usually Incompatibility As The Spouses Feel They Are Not Fit As Husband And Wife.


How Is Nri Divorce In India Handled?

Conditions:


  • Both Partners Seek A Judgment For Nri Divorce In India.

  • During The Divorce Proceedings ,The Husband And Wife File For Divorce In India But Are Residing In Another Country. 

  • One Partner Is An Nri, While The Other Is In India.

  • They Are Both Nris.

  • One Is A Foreign Citizen And The Other Is An Nri.


Procedure:


  • The Couple Is To Present A Petition For Dissolution Of Marriage In The Courts.

  • The Parties Will Have To Settle On An Appropriate Sum For Means Of Support And Custody Of Children From The Union Beforehand.

  • The Matter Will Next Be Postponed For Six Calendar Months From The Date Of The First Prayer, Also Called The First Motion, Being Received By The Court.

  • Hence, They Need To Come To The Court After Some Time And, Shall, Along With The Parties, Confirm Their Membership, Through A Divorce By Mutual Consent. This Shall Act As The Confirmation.

  • Any One Of The Parties Can Bow Out Of The Marriage And Take The Petition Back Within Six Months Of The Second Motion And Only Before The Second Motion.


What Are The Nri Divorce Options In India?


  • A Mutual Consent Petition In Case Of Nri Divorce Is Filed Under The Laws Of The Foreign Jurisdiction Where It Is Obtained And Not India. This Is Possible With A Bit Of Good Divorce Advice.

  • An Nri Divorce Validity Of Decree Is Functional Only If The Court That Issued It Had Jurisdiction Over The Matter And All Other Requirements And Conditions Were Met. 

  • Other Matters Such As Alimony/Maintenance, Child Custody, And Property Settlement Will Be Settled Out Of Court Between The Parties As Per The Law Of The Country Where They Are Located.


Validity Of Mutual Consent For Nri Divorce


A Declaration Of Divorce Through Mutual Consent By An Nri Shall Not Be Valid In The Following Situations:

  • If The Same Was Not Granted By A Competent Court.

  • If Any Force, Coercion Or Undue Influence Was Practiced On Either Of The Parties To Give Their Consent.

  • The Nri Divorce Petition Was Dismissed Due To Lack Of Jurisdiction.

  • Such A Decree Can Be Contested In Any Of The Indian Courts And Be Pronounced As Void.


Alternative Solutions For Nri Divorce

Recording Of Statements Through Video Conferencing:


  • After Confirming Their Identity, Nri Clients Might Have Their Statements In A Mutual Consent Divorce Recorded While Living In A Different Country To Avoid The Need To Travel All The Way To Give Statements In Court.

  • It Is Essential For The Lawyers In The Matter And The Court To Ensure That Nri Clients Are Provided With Videoconferencing Services Which Are A Great Time Saver For The Court And The Parties Involved. 

  • In Situations Where There Is Mutual Spouse Consent For Divorce And In Cases Of Adversarial Divorce, The Family Court May Consider The Use Of Video Conference Facilities To Help Further The Course Of Justice And Order The Participants To Make Video Comments Of Their Own. Attorneys Should Counsel Their Nri Clients Accordingly.


Proceedings Through Power Of Attorney:


  • In Cases Concerning Marital Disputes, Especially With Regard To Non-Resident Indian Divorces, It Is Possible To Appoint A Person To Represent The Parties In The Court With A Duly Notarized Special Power Of Attorney With The Apostille Stamp. 

  • In The Code Of Civil Procedure, There Is A Specific Provision That Allows A Power Of Attorney To File A Petition. Any Application Through A Power Of Attorney Can Be Made In The Family Court As Well.


Above, We Have Dealt With The Process Of Divorce For Non-Resident Indians. A Foreign Divorce Decree Is Obtained From The Foreign Court And Is Subject To The Law In India Regarding Its Enforceability. Furthermore, There Are Additional Grounds Under Section 13 Of The Cpc, Which May Declare The Decree Invalid. It Is Not Necessary To Travel To India, As The Court Proceedings Can Be Managed By A Lawyer With A Power Of Attorney Or Through Mutual Consent. Another Point To Bear In Mind Is That Irrespective Of The Fact That The Divorce Is Sought Overseas, It Is Better To Search For An Online Lawyer Who Knows Nri Divorce Laws In India.


One Can Talk To A Lawyer From Lead India For Any Kind Of Legal Support. In India, Free Legal Advice Online Can Be Obtained At Lead India. Along With Receiving Free Legal Advice Online, One Can Also Ask Questions To The Experts Online For Free Through Lead India.


Visit Us: — www.leadindia.law

Call Us: +91–8800788535

1 view

コメント

bottom of page