As the name suggests, NRI Divorce is when a Non-Resident Indian (NRI) wants to file a Divorce Petition in India. An NRI has the choice to file for divorce within the country where he/she is residing or they will also apply for Divorce in India (if they got married in India).
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Yes, if a Non-Resident Indian (NRI) married in India wants a divorce, then he/she can do so by filing a petition in India or within the country where both of them are residing. The Indian law provides for this exception of filing a divorce in another country. It says that a petition are often filed within the jurisdiction of the courts of which the parties to the wedding last resided.
Will This Foreign Decree Be Recognized By The Indian Courts?
The Indian courts don’t recognize the decree gone by the foreign courts if the decree so made is inconclusive under Section 13 of the Civil Procedure Code, 1908.[2]
This means that the decree:
Is not pronounced by a Court of competent jurisdiction.
Has not been given on the merits of the case.
Appears on the face of the proceedings to be founded on an incorrect view of law of nations or a refusal to acknowledge the law of India in cases during which such law is applicable.
Was obtained against the principles of natural justice.
Has been obtained by fraud.
Sustains a claim founded on a breach of any law effective in India.
A decree gone by a far off court could also be challenged and declared null and void in an Indian court on the idea of the above conditions.
Yes, NRIs can file Divorce cases in India and filing a divorce petition in India is a much smoother and safer route as marriage took place in India.
For purposes of appearance in court proceedings, if one party is unable to come to India, then there are two options which could be granted by Court:
The answer is NO – It’s not necessary for the couple to stay in India till the case gets over. They can simply execute a Power of Attorney in favour of another person after the presentation of the plaint. However, sometimes in case of Mutual Divorce, it is important to be physically present at the time of final judgement.
It is important to keep in mind that divorce decrees passed by Indian courts are valid in other countries just like marriages that are registered in India are valid in foreign countries. Basically, no foreign court is going to question if the decree passed by an Indian court on a matter of divorce of a couple married in India is invalid.
The divorce decree needs to be recognized in the foreign country if the couple jointly owns property in that country. Such recognition is gained by filing a petition for recognition in such country in accordance with their laws. This is the last legal requirement for finalizing a divorce in case the divorcing individuals are non-resident Indians.
The couple can file for a mutual divorce in the Family Court of the city where the couple resided together for the last time, i.e. their matrimonial home or where the marriage was solemnized or where the wife is currently residing.
Yes, just like the marriage laws, divorce laws are also different for different religions in India. For instance,