NRI Divorce – The How and Where
Marriage is an institution which unites two people. No one wants to break it, even those who want to break it are afraid of the fear of social stigma. In recent years, there are a lot of NRI Divorce cases entertained in the courts of law in India.
Who can seek divorce in NRI Divorce cases?
Either of the spouses can seek divorce on the grounds mentioned in the respective acts. A petition can be filed by either of the spouses stating the grounds for divorce before a family court having jurisdiction. The law and act under which they married or registered themselves are also to be taken into account.
Procedure for NRI Divorce
There is a legal procedure which needs to be followed by Non-Residential Indians in case they seek the divorce. There are several grounds on which one of the spouses can seek the divorce. Hereinbelow we explain a common ground.
Divorce by mutual consent
Divorce by mutual consent is considered to be one of the best methods to seek NRI divorce. Under this, if both the spouses mutually agree to the divorce, they can.
- If both the spouses are Indians and are married under Indian laws, for example- The Hindu Marriage Act, 1955, then they can apply for a divorce by mutual consent under section 13-B of The Hindu Marriage Act, 1955.
- If both the spouses are Indian but are residing in the foreign country, then they can seek divorce under that country’s jurisdiction. Indian laws will not apply to that court. The order of that country’s court will be recognised by Indian courts only if it is conclusive under Section 13 of The Code of Civil Procedure, 1908. The decree can be declared null and void if it is not given on the merits of the case; principle justice is not followed, obtained by fraud, etc.
- In a landmark case, The Honourable Supreme Court of India held that- ‘The Jurisdiction assumed by the foreign court as well as the ground on which the relief is granted must be in accordance with the matrimonial law under which the parties are married’.
- When a petition is filed in an Indian court, then the court will give 6 months time to the spouses to reconsider their decision in those 6 months if they think they can live jointly, and then they can take back the petition. However, if they think that they cannot live jointly, then divorce will be given to them.
