Mutual Consent Nri Divorce Lawyer

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Indians settled abroad or on work permits involved in marital crises often face a complex divorce, annulment, child custody, and consequent legal proceedings. They have the option of filing a divorce case in India. But, the biggest problem they face is direct interaction with/her prospective Divorce Attorney to understand the complex issues of trans-border divorce cases, NRI Divorce Laws, etc.

We at Rajiv Rajpurohit Legal are India’s Top Lawyer for NRI Legal Family matters, having in-depth expertise in handling NRI cases about any family dispute. We have an experience of over ten years in this field, and we are well aware of all the aspects of Indian and foreign laws related to marriages. Book an appointment with NRI Divorce Lawyers online today!

If a couple married in India resides abroad looking for divorce, the process is very simple. Divorce by mutual consent for Non-Residential Indians is very much possible through video conferencing. There are settled procedures in a court of law/Family Courts across India.

The First thing one needs to ensure is which court has got jurisdiction to deal with your mutual consent divorce.

  • The Place you married
  • The place you last resided together with your spouse in India
  • The Place the wife is residing in India.

If both are in a foreign country then also one of the jurisdictions will be applied.

Frequently Asked Questions

The law firm by Rajiv Rajpurohit has got the best panel of effective and resourceful NRI lawyers who are efficient in providing some of the fastest NRI legal services such as NRI divorce etc. Therefore, if you’re an NRI and stuck with any sort of legal work in India, you can contact with our team and we’ll get it done for you without any hassle and in the most cost-effective and less tiresome way.
  • The parties must not provide any grounds for divorce if the divorce is by mutual consent.
  • The husband and wife should be residing separately for at least one year or more before filing for mutual consent divorce. However, separation can be in case even if you have been staying under one roof but not performing a matrimonial obligation.
  • Both are in agreement that they cannot stay with each other and wish to obtain a divorce.

On the Grounds – NRI, when Contested otherwise.

  • Enters into sexual relationship/adultery with another individual
  • Has leprosy which cannot be cured
  • Converts to a different religion
  • Has become mentally unsound such that no treatment can assist him
  • Repudiation of child matrimony
  • Has venereal illness
  • Leaves for more than two years
  • Has departed for more than seven years
  • Inflicts physical or mental brutality on the wife
  • Has renounced the world and converted into a saint
  • All other grounds mentioned in the provision of law
  • The First Step is to appoint a power of attorney. The power of attorney can be any person a family member, friend, relative or known, who is in India and can remain present on your behalf for signing the documents at the time of filing mutual consent divorce.
  • The second step is once the formalities of Power of attorney are completed the Divorce Petition can be scheduled for filing in the respective Family Court.
  • Once after filing, there is an affidavit called examination-in-chief which needs to be signed by the spouse residing abroad. That has to be Apostille from the respective department in a foreign country.
  • Your advocate submits the affidavit before the judge and thereafter Hon’ble Court schedule Video Conference.
  • The Hon’ble Court will pass an order and Decree.

That divorce obtains in a foreign country is not conclusive as per section 13 of the Code of Civil Procedure, if it is not as per the provision.

Section 13:- A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim to litigate under the same title

(a) where it has not been pronounced by a Court of competent jurisdiction;

(b) where it has not been given on the merits of the case;

(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of 1 [India] in cases in which such law is applicable;

(d) where the proceedings in which the judgment was obtained are opposed to natural justice; (e) where it has been obtained by fraud;

(f) where it sustains a claim founded on a breach of any law in force in 1 [India].

We attempt to serve and help our clients in the end-to-end process involved in getting mutual consent for divorce. We also ensure that the cost involved in the litigations gets minimized.

We are bound towards efficient and effective legal service