NRI Divorce Matters
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Best NRI Divorce Lawyer In India
The least complicated way for a couple to divorce is through mutual consent. Both of them agree to part ways; there is no fight; and the divorce is done. As per the new ruling, the mandatory 6-month waiting period for couples seeking divorce no longer apply. This has made the process of finalizing divorce easier and quicker.
If a Non-Resident Indian (NRI) couple wants a divorce, they can file a petition in India or in the country they reside. This option of filing for divorce in the residing country is applicable only when the divorce is through mutual consent. You will also concern to the Best NRI Divorce Lawyer In India, Because there are many lawyer for divorce but you will find NRI Divorce Lawyer who has an expertise in NRI Divorce.
If the divorce is not through mutual consent, then the petition has to be filed in India where the marriage took place. If you file a petition in a foreign country where you reside and get a divorce, which is not through mutual consent, then you will be regarded as divorced only in that foreign country; you would still be legally married in India.
Grounds of NRI divorce through mutual consent
Grounds of NRI divorce when contested (not through mutual consent):
- One partner inflicts physical and mental cruelty on the other
- Domestic violence
- The spouse has left and not come back for seven years
- He/she has venereal illness
- He/she is cheating with another person
- He/she has incurable leprosy
- The spouse has an incurable mental illness
- He/she converts to another religion
- The spouse has renounced all family responsibilities and became a saint
- In case of child marriage
Documents required for NRI divorce in India
- Marriage certificate
- Proof of identity (Aadhar Card, passport, PAN Card, driver’s license, etc.)
- Proof of residence (Aadhar Card, utility bills, etc.)
A narrative that tells about the grounds of divorce or whether it is mutual
Benefits to choose service And Get Best Divorce Lawyer In India
It is beneficial to choose a reputable legal service to file for divorce petition in India so that you follow all the legal steps correctly. You may be residing in foreign land and may not be aware of the legal proceedings in India. Hiring NRI Divorce Lawyer Online in India can make the entire divorce process hassle-free, quicker, and error-free.
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Frequently Asked Questions (FAQs)
No. If the NRI couple get married in France under the French law, then their divorce will be done under the French law only. The Indian court will not have any jurisdiction in this case. So, the couple will have to file a divorce petition in France.
Only when the marriage takes place in India and is registered under the Special Marriage Act or the Hindu Marriage Act can the Indian court intervene in this matter, Then you can hire NRI Divorce Lawyer In India.
In case the NRI cannot travel to India for case proceedings, then the Power of Attorney or Vakalatnama comes into the scene. This is assigned in favour of the NRI’s divorce lawyer who will then be present in the court on his/her behalf. However, in certain circumstances such as cross-examination or for evidence, the NRI has to be present in the court.
POA or Vakalatanama can be filed in two cases:
- You are outside of the country
- You are about to leave the country
You must write the terms of POA on a Rs. 100/- Stamp Paper and visit the office of the sub-registrar or registrar of your area (in case you are in India and about to leave the country). You need the presence of two witnesses in this case. If you are already outside India, you can ask your lawyer to do the process of POA. You can get a ready format of Vakalatanama.
It means that the attorney will be present on your behalf in the court for hearings and other court proceedings. It also means that the attorney can take decision on your behalf and you have to agree to the decision. You must be willing to pay all the costs that incurs in the proceedings. The attorney has the right to keep the case papers with him/her until the complete fee is paid by you. Remember, you can still change the lawyer in the middle of a case despite giving him/her POA.
It usually takes 6 months to 1 year to get a divorce.
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