Comprehensive Guide on Divorce For NRI’s in India

So if you’re an NRI (Non-Residential Indian) contemplating divorce. I get it, stuff happens. But the big question here is “Does India recognize divorces granted in another country?” In this blog Let’s explore Divorce for NRI in India.

Yes, The divorce petition can be filed and resolved outside India, even if the marriage occurred within the country. Under Section 13 of the Civil Procedure Code (CPC), foreign judgments hold validity and conclusiveness in India, typically adhering to this principle. However, there are exceptions where certain foreign judgments might not be acknowledged within India.

Indian law does recognize divorces granted outside the territory, but only if they’re mutual. But still, if your spouse contests the divorce, then your foreign decree might not hold up in an Indian court. So, if you’re planning to get divorced in another country, make sure it’s a team decision.

1. Filing a divorce petition with the court is mandatory for the involved parties.

2 .Prior agreement on child custody and the maintenance amount is necessary before petition submission.

3. The case adjourned for six months following the initial plea presentation, termed the first motion.

4. Post this duration, both parties must attend court to affirm their mutual divorce, finalizing the process.

5. Any party has the option to withdraw or revoke the divorce petition within six months before the second motion.

The duration of mutual divorce for NRIs (Non-Resident Indians) in India varies but typically takes around 6 to 18 months. Factors influencing the timeline such as court proceedings, mutual agreement settlement, document submission, and any complexities within the case. However, this timeframe may fluctuate based on the specific circumstances, court workload, and procedural requirements during the divorce process.

Yes, an NRI (Non-Resident Indian) can file for a contested divorce in India. However, the process varies in duration and complexity, typically spanning from 1 to 3 years or more. The length of a divorce for NRI can depend on several things, like how many times you’ve got to go to court, what evidence comes up if you have a lawyer, and just how tangled the whole situation is. Contested divorces involve court proceedings where disagreements on grounds like cruelty, adultery, or desertion are contested and adjudicated upon by the court

At M&M Law Partners, we have the best civil lawyers in Delhi who are experts in Divorce For NRI’s in India. Their experience in NRI divorces is as vast as the Pacific, and they’ll steer you safely through this test. A life preserver in the wild sea of divorce, if you will.

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