Introduction

Divorce laws in India are complicated on their own, add marriages among Non-Resident Indians and Indian residents into the mix, it can become a daunting and more complex task to manage without proper information. The laws relating to NRI divorce in India are slightly different from the divorce of two Indian Citizens. However, both mutual consent divorce and contested divorce are acceptable forms of divorce in case of NRIs.

Mutual Consent Divorce in NRIs

When both the spouses have been residing in a foreign country and wish to end their marriage, such a divorce by mutual consent obtained under the laws of such foreign country are recognised by the Indian courts.

If an NRI married an Indian resident and the marriage was solemnised in India, and the couple wishes to end their marriage by a divorce by mutual consent, a petition for a mutual consent divorce can be filed either in India or in the country where both of them are living at the time of divorce.

The primary condition in such NRI divorces become that the free consent of both the husband and wife must be present to obtain a decree of divorce from a foreign court to be recognised as valid under the Indian laws. The petition for a mutual consent NRI divorce is made in accordance with the laws of the foreign country in which it is obtained and not the laws of India.

Such kind of NRI mutual divorce will be valid if the court which passed a decree for divorce had appropriate jurisdiction and the decree complied with all the conditions of a mutual consent divorce. Other matters relating to alimony/maintenance, child custody and division of assets will also be dealt with amicably by the spouses as per the laws of the foreign country they reside in.

Contested Divorce For NRIs

A contested divorce may be filed by any of the spouses on the valid grounds of divorce laid down under the divorce laws of the foreign country they are residing in. When both the parties fairly contest the divorce and a foreign court awards a divorce decree, it will be valid in the eyes of the Indian court.

However, when a divorce decree is filed in a foreign court, and the divorce is awarded ex parte i.e. in absence of the other party, the divorce decree will be valid in that foreign country only and not in India. Such decree will be considered as void and the spouse will have to contest the divorce before an Indian court.

Matters get more complicated when one spouse is residing in India and the NRI spouse is residing in a foreign country. Either of them wishing to get a divorce from the other can become a tedious process. If the marriage is solemnised in India, the best divorce advocates in India suggest that the divorce be obtained in India, especially in case of a contested divorce.

However, when a divorce decree is filed in a foreign court, and the divorce is awarded ex parte i.e. in absence of the other party, the divorce decree will be valid in that foreign country only and not in India. Such decree will be considered as void and the spouse will have to contest the divorce before an Indian court.

Matters get more complicated when one spouse is residing in India and the NRI spouse is residing in a foreign country. Either of them wishing to get a divorce from the other can become a tedious process. If the marriage is solemnized in India, the best divorce advocates in India suggest that the divorce be obtained in India, especially in case of a contested divorce.

When an NRI Mutual Consent Divorce is Not Valid?

A decree of mutual consent NRI divorce will not be considered to be valid in any of the following cases:

  1. The decree was not awarded by a court of competent jurisdiction.
  2. The consent of either of the parties was obtained by force, coercion or undue influence.
  3. The divorce decree was not awarded on the merits of the case.