Divorce laws for NRI’s in India are very complex. The complexity gets even more added up when NRIs also take divorce under the Indian laws as there is always lack of information. There are a lot of NRIs who at once were residing in Faridabad and their Marriage also took place in Faridabad only. The laws relating to NRI divorce in Faridabad (India) are slightly different from the divorce of two Indian Citizens who are also the residents. However, both mutual consent divorce and contested divorce are acceptable forms of divorce in case of NRIs.
CONTESTED DIVORCE AMONG NRI’s
A contested divorce may be filed on the valid grounds by any of the spouses by stating valid reasons as per the divorce laws of the foreign country they are residing in. When both the parties contest the divorce and a foreign court awards an unbiased divorce decree, it will be considered valid in the Faridabad(Indian) court but that has to be executed in the Family Court Faridabad.
Whenever a divorce decree is filed in the court of a foreign country, and the divorce is proceeded as ex parte i.e. the other party was not present during the court proceedings, the divorce decree will be valid only and only in that foreign country and not in Faridabad(India). Such decree will be considered as void and invalid and the spouse will have to contest the divorce before Faridabad District Court.
It is seen that when one spouse is residing in India and the other spouse is residing in a foreign country the case then become a little more cumbersome. Either of them wishing to get a divorce from the other can become a tedious process. It is best suited to file a divorce suit in India if the marriage is solemnized in India.
When a divorce is filed in India by an NRI, a divorce attorney can get an exemption for the spouse from personally appearing before the court in India through a Power of Attorney. The spouse is then required to appear personally before the Indian courts only in the case of recording of statements, examination and cross-examination.
MUTUAL CONSENT DIVORCE AMONG NON-RESIDENT INDIANS
Faridabad(Indian) Family Courts recognize only such cases when both the spouses have been residing in a foreign country and wish to end their marriage by mutual consent under the laws of such foreign country.
For example: If an NRI married an Indian resident and the marriage was solemnized in (Faridabad)India, and the couple wishes to end their marriage by a divorce by mutual consent, a petition for a mutual consent divorce can be filed either in India or in the country where both of them are living at the time of divorce.
The main pre-requsite in such divorces is mutual consent of both the partners. The petition for a mutual consent in NRI divorce is made in accordance with the laws of the foreign country in which it is obtained and not the laws of India.
The decree in NRI divorces shall only be valid when the court giving the decree had appropriate jurisdiction over the matter and which complied with all the terms and conditions. Other matters relating to alimony/maintenance, child custody and division of assets will also be dealt with amicably by the spouses as per the laws of the foreign country they reside in.
VALIDITY OF THE MUTUAL CONSENT DIVORCE AMONG NRIs
A decree of mutual consent NRI divorce will not be considered to be valid if
- The decree was not awarded by a court of appropriate jurisdiction.
- the consent of either of the parties was obtained by force, coercion or undue influence.
- the divorce decree was not awarded on the merits of the case.
Such a decree may be challenged in an Indian court to declare it null and void.
For Family Related Disputed in Faridabad you can contact –
Advocate Sunil Kumar Bakshi,
Office – 2043/16 Faridabad – 121002, Near Jain Mandir
Also At – Chamber No.272, District & Sessions Court, Faridabad.
Mobile – +91-9873750515, 9811680103
Website – www.bakshiandassociates.com
