This is a growing trend among Indian women and men to get married to NRI’s. Most of the Indian girls are crazy about getting married to NRI’s. Their parents also want to marry off their daughters to foreign based Indian male, who can provide a better quality of life and home to their daughter. The parents are ready to spend out any amount for foreign based groom. The parents spend huge money in wedding as well as giving dowry to the male’s family. This desire to settle in a foreign country for being better in life inspires Indians to get married with NRI brides and grooms. The statistics show that 225 women from metros getting married to NRIs every year and out of this almost 25 women are either want to end their marriage due to reasons of deception or deserted by husbands. Going through sadness and grief in a relationship is as natural but when it becomes unbearable, than the many couples seek divorce as the only way out of relationship. You can’t think that it will be easy process for seeking a divorce when one of the parties is not an Indian resident.So it is very important for Indians who are getting married to NRIs to be aware of laws related to NRI divorce.
Once couple has figured out that there is no way to back together in relationship than a petition for a divorce can be filed to commence the proceedings. There are two forums available to file a suit for divorce. If one partnerstay in India (despite your partner being an NRI) the partner may choose to initiate proceedings in an Indian Court. And the other option is to file a suit in a foreign court.
There are several grounds for divorce a divorce case in an Indian Court but the least complicated way to seek a divorce is through mutual consent. Now there is no need for a compulsory of waiting for six months period, the process has been made less time-consuming.
Process: The divorce petition in the form of an affidavit needs to be submitted to the family court. The two most crucial elements of a mutual divorce are the child custody and maintenance. In India there is no specific law that prescribes the calculation of maintenance, which parties are left to decide upon. However, if no agreement is reached, it is upon the court that decides after analysis the finances and obligations of each party. After the filing of the petition for divorce and recording the statement of the parties, the court usually adjourns the divorce for a period of 6 months. After completion of the six months the parties have to present themselves in the court for making a second motion of confirming the mutual consent filed in the court. After this second motion,a decree of the divorce is granted by the court. During this period of six months, either party can withdraw the petition from the court, in which case no divorce will be granted.If it is not convenient for you to keep traveling to India, you may be signed a Vakalatnama or a Special Power of Attorney in favor of your divorce lawyer who can then represent you in your absence. However your availability still be required for evidence and cross-examination purposes.
Filing a case in a foreign court
a petition for dissolution of a marriage registered in India. If both husband and wife are Indian citizens but get married in other country under there law, then the Indian courts will have no jurisdiction, only thatthe country’s law will apply on divorce. If a divorce petition is filed in a foreign country and a divorce is obtained in the absence and/no representation of the other partyit would be divorced in that country but the couple still legally married in India.