Nonresident Indian is the full form of the term, and it speaks for itself. There is no direct definition of “NRI” under Indian law. The NRI, or nonresident Indian, in its broadest sense. A nonresident Indian is someone with an Indian passport who immigrates to another nation for work or studies. Divorce is not simple; when it comes to NRI divorce, it might become more difficult if one of the parties does not reside in India. In this article, we discuss the divorce options available to NRI couples.
Reasons that lead to NRI divorce-
1. The NRI husband is already married to another woman and may even have children who live with him abroad. Most of the time, the groom leaves the bride with her parents rather than taking her with him. But when the truth is out, the girl’s family asks for their daughter’s divorce.
2. The NRI spouses exaggerate their assets in the foreign nation, including their home, car, and high-paying jobs, yet they may not be able to sustain a family after marriage.
3. The Indian spouse cannot keep up with the NRI spouse’s lifestyle since it is too modern. The NRI divorce can be on the basis of incompatibility since they believe they are unsuitable as a mate.
What laws deal with NRI divorce?
1. If both partners are Indian citizens and were wed in accordance with the Hindu Marriage Act 1955, they may file for divorce by mutual consent in accordance with section 13-B of the Act.
2. Under the country’s divorce rules pertaining to foreign marriages, if both spouses are resident in the USA or any other foreign country, they may seek a divorce with mutual consent. Only a divorce that has the permission of both parties will be recognized under Indian law.
Procedure for NRI divorce-
1. The parties must file a divorce petition with the court.
2. The parties must previously agree on a maintenance amount and custody of any children born from the marriage.
3. The case will be adjourned for six months from the date of the plea presentation, generally known as the first motion.
4. After that time, the parties are required to appear in court to affirm their divorce by mutual consent. This will serve as confirmation.
5. Any of the parties may withdraw or return the petition for divorce before the second motion and within six months.
Alternative Solutions for NRI divorce-
1. Recording of statements through video conferencing: After authenticating their identification, NRI clients might have their statements in a mutual consent divorce recorded while residing in a foreign nation to save an unnecessary trip just to provide statements in court.
The attorneys and the court should take steps to guarantee that our NRI clients have access to videoconferencing services that save the court’s and the parties’ important time. In mutual consent divorce and contentious divorce, the Family Court might examine the likelihood of videoconferencing to assist the cause of justice and require the parties to present and have their remarks recorded using videoconferencing. NRI clients should be advised by their lawyers.
2. Proceedings through Power of Attorney: Parties in marriage problems, particularly NRI divorce, can be represented in court by a valid notarized Special Power of Attorney with apostille certification. The Code of Civil Procedure includes a specific provision that permits a power of attorney holder to file a petition. The Family Court can hear an application made through a power of attorney.
Conclusion
The previous section covered the NRI divorce procedure. If the divorce decree obtained from a foreign court does not comply with the requirements outlined in Section 13 of the CPC, it may be declared invalid and cannot be enforced in India. The court procedures can be handled by a lawyer using a power of attorney or by mutual consent, so travelling to India is not required. It’s also advisable to select an online lawyer who is knowledgeable about Indian divorce laws that apply to non-resident Indians (NRIs), even if the divorce is happening overseas.