Nowadays, NRI divorce cases are increasing significantly. Experiencing difficulties in a relationship is common, but many couples consider divorce as the only option when issues reach their peak. Obtaining a divorce becomes more complex when one of the parties is not an Indian resident, and the process can be further complicated if one spouse is an NRI.
Common situations that lead to NRI divorce
In many NRI divorce cases, it is later discovered that the NRI spouse is already married to someone else. In some instances, the groom marries in India but does not take the bride with him abroad, leaving her behind with her parents. When such realities come to light, the bride’s family often seeks divorce to protect their daughter’s future and dignity.
In some cases, the lifestyle of the NRI spouse is too advanced or drastically different, making the Indian partner feel incompatible and unsuitable as a life companion. This growing incompatibility often leads to divorce proceedings.
Laws related to NRI divorce
If both spouses are Indian citizens and their marriage is registered under the Hindu Marriage Act, 1955, they can file for a Mutual Consent Divorce under Section 13-B of the Act.
If both spouses are residing in the USA or any other foreign country, they can apply for a divorce by mutual consent under the divorce laws of that respective country.
If you decide to end your relationship, a divorce petition must be filed to commence the legal proceedings. For this, it is essential to seek guidance from an experienced NRI divorce lawyer who can navigate the complexities involved.
What work does the NRI lawyer have
A divorce advocate ensures that all rules and regulations are followed while initiating proceedings. The lawyer consults with both parties before filing the case. There are two forums available for filing: if one partner resides in India, the proceedings can be initiated in an Indian court. Alternatively, the case may be filed in a foreign court, depending on the circumstances.
Once the petition is filed, the lawyer will represent you in court until the final hearing. Divorce proceedings for NRIs often involve multiple procedures and legal formalities, which can make the process complex. Hiring an experienced NRI divorce advocate ensures complete support from the initial filing of the case to the final judgment, providing you with a hassle-free legal process.
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