Divorce laws for Non-Resident Indians (NRIs) in India can be complex, especially when one spouse is living abroad. Here are some key points regarding NRI divorce law in India:
Jurisdiction: The jurisdiction for filing a divorce petition depends on various factors, including the place where the marriage was solemnized, where the parties last resided together, and where the respondent (the other party) currently resides. NRIs can file for divorce in India if the marriage was solemnized in India or if either spouse is an Indian citizen.
Grounds for Divorce: The grounds for divorce in India are governed by personal laws based on religion (such as Hindu Marriage Act, Muslim Personal Law, etc.) and include reasons such as cruelty, adultery, desertion and mental insanity.
Mutual Consent Divorce: NRIs can also opt for mutual consent divorce, where both parties agree to end the marriage. This process is generally faster and less contentious compared to contested divorces, however to file for Mutual Divorce the parties should be separated for a period of at least one year.
Service of Summons: If one spouse is living abroad, the court may require that the summons be served in accordance with the rules of the country where the respondent resides. This process can sometimes be time-consuming and complicated, however the same can be dealt with effectively by making an Application for private service through email and WhatsApp.
Property and Alimony: The division of property and payment of alimony (maintenance) are important aspects of divorce proceedings. The court will consider factors such as the financial status of the parties, the duration of the marriage, and the needs of any children involved.
Child Custody: In cases where children are involved, the court will decide on custody and visitation rights based on the best interests of the child. The welfare of the child is paramount in such decisions.
Enforcement: Enforcing a divorce decree obtained in India can be challenging if one spouse lives abroad. It may require legal proceedings in the country where the spouse resides to ensure compliance with the Indian court’s order.
It’s important for NRIs facing divorce to seek legal advice from a lawyer experienced in international family law to understand their rights and options under Indian law.
