NRI Divorce in India

International divorce in India can be a complex process that involves navigating various legal, cultural, and logistical issues. The procedure for international divorce in India is governed by the Foreign Marriage Act of 1969, which applies to marriages that take place outside India between Indian nationals or between an Indian national and a foreign national. Also, such divorce is governed under personal laws of India like the Hindu Marriage Act, Indian Divorce Act, Special Marriage Act., etc…

To file for divorce in India, at least one of the spouses must be an Indian citizen or have resided in India for at least three years. The divorce proceedings can be initiated in a court of law where either spouse resides, but it is advisable to consult a lawyer to determine which court has jurisdiction over the case.

If both spouses agree to the divorce, the process can be relatively straightforward. They will need to file a joint petition for divorce and present their case before a judge. The court will then issue a decree of divorce if it is satisfied that the grounds for divorce are valid.

However, if one spouse contests the divorce, the process can become more complicated. In such cases, the court may require the parties to go through mediation or counseling to try to resolve their differences. If this fails, the case will proceed to trial, and the court will hear arguments from both sides before making a final decision.

One of the biggest challenges in international divorce cases is the enforcement of the court’s decision. This can be especially difficult if one of the parties is living in another country. It is advisable to consult the best family lawyer who is experienced in international divorce cases and can provide guidance on how to enforce the court’s decision in a foreign jurisdiction.

Overall, international divorce in India can be a complex and challenging process. It is essential to have a clear understanding of the legal requirements and procedures involved and to work with experienced legal professionals to ensure a fair and equitable outcome.

An international divorce dispute escalates when a couple that is married or divorced in one country has a legal disagreement about their divorce or child custody arrangements in another country. This can happen when one or both spouses have connections to different countries, and the laws of those countries may conflict with each other.

International divorce disputes can be especially challenging because they involve navigating the legal systems of multiple countries. The laws that apply to the case will depend on several factors, such as the nationality of the spouses, the country where they were married, and the country where they are currently living.

One of the most common issues in international divorce disputes is child custody. Each country may have different laws regarding custody, and the courts may need to determine which country has jurisdiction over the custody case. In some cases, a child may be taken to another country without the consent of the other parent, leading to a parental kidnapping situation.

Another common issue is property division. Different countries have different laws regarding how property is divided during a divorce, and a dispute may arise over which law should be applied.

To resolve international divorce disputes, the parties may need to seek the assistance of lawyers who are familiar with both the legal systems of the countries involved and international family law. In some cases, the parties may need to go through international mediation or arbitration to reach a resolution. If the dispute cannot be resolved, the parties may need to go to court in one or more countries to seek a final resolution.

It is not uncommon for NRIs (Non-Resident Indians) facing divorce to be afraid in India, as the legal system can be complex and unfamiliar to them. Additionally, cultural and language barriers can exacerbate the difficulties faced by NRIs in navigating the Indian legal system.

One of the primary concerns for NRIs facing divorce in India is the fear of being subjected to unfair treatment or discrimination. This fear may stem from cultural and social attitudes towards divorce, which may be different from those in the NRI’s country of origin. Furthermore, there may be concerns about bias against NRIs in Indian courts or difficulties in enforcing legal decisions in a foreign country.

Another challenge for NRIs facing divorce in India is the practical difficulties of managing the legal process from a distance. For example, it may be difficult for an NRI to attend court hearings or to provide required documentation from another country. Communication can also be a challenge, particularly if the NRI does not speak the local language or is unfamiliar with Indian legal terminology.

To address these challenges, NRIs facing divorce in India may benefit from seeking the advice of qualified and best family lawyers in India who are experienced in dealing with cross-border divorce cases. It is important to find a lawyer who is familiar with the relevant legal systems and can provide guidance on how to navigate the complexities of the Indian legal system. Additionally, NRIs may benefit from seeking out support from local community groups or organizations that can provide practical assistance and emotional support during this challenging time.

A notable judgement of the Apex Court in a case related to NRIs especially related to maintenance and spousal support can be observed in 2019 in the case of Anil Kumar Jain v. Maya Jain. The Supreme Court in this case held that an NRI husband cannot be allowed to avoid paying maintenance to his wife and children by claiming that he has no assets in India. The court ordered the husband to pay the maintenance amount even if it meant selling his properties in a foreign country.

Another notable judgment was issued in 2017 in the case of Ruchi Majoo v. Sanjeev Majoo. The court in this case held that an NRI husband cannot be allowed to evade his responsibility to pay maintenance to his wife and children by refusing to appear before the Indian courts. The court held that the husband’s obligation to pay maintenance exists even if he is residing in a foreign country.

In Saritha Nair v. Somanathan Nair, 2014, the Kerala High Court held that an NRI husband who fails to appear before the Indian courts during divorce proceedings will be deemed to have accepted the allegations made against him by his wife. The court ordered the husband to pay alimony and child support to his wife and children.

In Smt. Sneh Prabha v. Rajendra Prasad, 2015, the Delhi High Court held that an NRI husband cannot avoid paying alimony to his wife by claiming that the marriage took place in a foreign country and is not recognized under Indian law. The court held that the wife is entitled to alimony, regardless of where the marriage took place.

Here are a few examples of cases where the court ruled in favour of NRI husbands:

Anil Kumar Jain v. Maya Jain (2019): While this case is also listed in the landmark judgments in favour of wives, it is worth noting that the court also ruled in favour of the husband in some aspects. The Supreme Court held that the husband was entitled to know the details of the maintenance expenses, and the wife could not withhold such information.

Deepali Gundawar v. Rajeev Gundawar (2019): In this case, the Bombay High Court held that the wife could not claim maintenance from the husband as she had remarried and was living with her second husband. The court held that the first husband could not be held responsible for the maintenance of the wife after her remarriage.

Harbans Singh v. Jasbir Kaur (2016): In this case, the Delhi High Court ruled in favour of the husband and held that the wife’s claim for maintenance was time-barred as it was filed after several years of separation.

These cases demonstrate that the outcome of NRI divorce cases can vary depending on the specific circumstances of the case. It is important for both parties to understand their rights and obligations under Indian law and to seek the guidance of qualified best family lawyers for NRIs who can assist them in navigating the complexities of cross-border divorce cases.

Feel free to write to us at mail@lawyersonia.com or call +91 9845944896 if you wish to consult or discuss your matter. “Sonia and Partners” is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of qualified and among the Best Lawyers in Bangalore practicing in the area of Family Law and Criminal defence serving Citizens of India, Overseas Indians, NRIs and Global International Clients.