It sometimes happens that even after frantic efforts, the marriage doesn’t works out and the couple has to take the tough yet wise decision of getting separated and not continuing their marriage. This kind of situation can occur to any married couple, whether they are in India or in Abroad. Similarly, NRIs living in Abroad may also have to get divorced in India. In such case, it is best to go for a divorce by Mutual Consent as per the Indian Law.
Laws Related to NRI Divorce
A growing trend among Indian men and women can be seen to get married to NRIs. According to the recent statistical data, 225 women from metro cities get married to NRIs every year and out of these around 25 want to end their marriage due to reasons of hiding facts or of deception. This is the reason why it is important for Indians who marry NRIs to have knowledge of laws related to NRI divorce. Many of NRI weddings end in divorce due to the reasons like:
- The NRI spouses inflate their assets like home, high paid job, or vehicle in the foreign country but actually might not be in a position to support a family after marriage.
- The NRI spouse happens to have another spouse, settled with him abroad.
- The NRI spouse feels that Indian spouse is not a suitable partner in coping up with him and his advanced lifestyle and hence, seeks divorce on the grounds of incompatibility.
However, The Process Needs one to Furnish the Following Information for Completion of Divorce Process:
- Where was one married? India or Abroad
- Does one have children?
- Will both be able to reach a financial settlement of their possessions?
- What is the religion of both the partners?
- Which country is one based in?
- What is his or her nationality?
Even though, there are not many laws to protect the interest of Indians who marry NRIs but due to rise in the number of troubled marriages of NRIs with Indians, the government is introducing NGOs in both India as well as abroad and these shall guide Indian men and women who are married to NRIs and settled abroad. They offer emotional support, counseling, and legal advice in the process of divorce and separation. Another thing to be kept in mind is that even if the divorce is taking place abroad, it would be good to appoint an attorney who is proficient in Indian divorce laws related to NRIs.
The Basic Laws Related to NRI Divorce, That One Must be Well Aware of are:
- If both the spouses are settled in USA, or any other foreign country, then they can seek divorce by mutual consent under the foreign marriages divorce laws of that country.
- If both the spouses are Indians and have been married under Hindu marriage Act 1955, in that case they can seek divorce with mutual consent under section 13-B.
