Nri Divorce Procedure

Indian men and women are increasingly choosing to marry NRIs. Indians who marry NRI brides and grooms do so out of a desire to relocate abroad and live a better life. According to statistics, every year 225 women from metro areas marry NRIs; of these, nearly 25 either want to dissolve their marriage or have husbands desert them because they are lying to them or withholding information. Given this, Indians marrying NRIs must understand the laws about NRI divorce.

The majority of Indian women are enamored with marrying non-resident Indians. Additionally, their parents hope to marry off their daughters to Indians living abroad who can offer a higher standard of living and a better home. The parents are willing to part with any amount of money for grooms who are based abroad. They lavish a great deal of money on the wedding and provide the boy's family with a dowry.

Causes of nonresidential divorce

The spouse of the non-resident Indian is already wed to someone else and might even have children who reside overseas with him. Rather than taking the bride with him, the groom typically leaves her with her parents. However, the girl's family requests a divorce from their daughter once the truth is revealed.
The spouses of NRIs overstate their possessions in the foreign country, such as their home, vehicle, and well-paying jobs, but they might be unable to support a family once they get married.
The lifestyle of the non-resident Indian spouse is too advanced for the Indian spouse to keep up with. Since they feel they are an inappropriate partner, incompatibility may be the reason for the NRI's divorce.

Which laws address divorce among NRIs?

In line with section 13-B of the Act, if both partners are Indian citizens and were married in line with the Hindu Marriage Act 1955, they may file for divorce by mutual consent.
If both spouses are residents of the United States of America or any other foreign country, they may seek a divorce with mutual consent under the nation's divorce laws about foreign marriages. By Indian law, a divorce can only be recognized with the consent of both parties.

Requirements for a divorce from an NRI

Both parties ask for an Indian NRI divorce decree.
A couple who is living overseas files for divorce in India during the divorce procedure.
One partner lives in India, and the other is an NRI.
Each of them is an NRI.
One is an NRI, and the other is a foreign national.

The NRI divorce procedure

The parties must submit a divorce petition to the court.
The parties must agree upon the maintenance amount and child custody for any children born out of the marriage beforehand.
Six months will elapse after the date of the plea presentation, also referred to as the first motion, in this case.
Following that, the parties must show up in court to formally confirm their mutually consenting divorce. This will verify the information.
The divorce petition may be withdrawn or returned by any party within six months of the second motion.

Options for NRI divorce that are available

NRI Divorce by mutual consent: In an NRI divorce, the petition for mutual consent is filed not under Indian law but under the laws of the foreign country where it is acquired. With the appropriate divorce legal advice, this is easily accomplished. The validity of the decree in an NRI divorce is contingent upon the court that issued it possessing appropriate jurisdiction over the case and fulfilling all necessary prerequisites. Other matters, such as child custody, asset division, and alimony/maintenance, will be settled amicably between the spouses in compliance with the foreign country's legal requirements.

If the divorce decree obtained from a foreign court does not comply with the requirements outlined in Section 13 of the CPC, it may be declared invalid and cannot be enforced in India. The court procedures can be handled by a lawyer using a power of attorney or by mutual consent, so traveling to India is not required. It's also advisable to select an online lawyer who is knowledgeable about Indian divorce laws that apply to non-resident Indians (NRIs), even if the divorce is happening overseas.

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